Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Act covers all restraints on competition which have the effect of restricting competition within Malta or any part thereof. The Act applies to all sectors of the Maltese economy; however, the Minister of Commerce may exempt activities from the provisions of the Act that are carried out by public undertakings or other undertakings that have been granted special or exclusive rights (Section 30). …

Scope

The Competition Act of 1994 (also known as Chapter 379 of the Laws of Malta referred to as "the Competition Act") regulates competition in Malta and provides for the establishment of fair conditions for trade and commerce. Since its adoption, the law has been amended on a number of occasions, by Acts XXVIII of 2000, Act IV of 2003 and III of 2004, and in 2007 by a Legal Notice No 425 bringing it more into line with EU competition law provisions. In 2011, Act VI, known as the Malta Competition and Consumer Affairs Authority Act (Chapter 510 of the Laws of Malta) significantly amended the procedural provisions of the Competition Act, notably by establishing a new competition authority and an appeals tribunal. More recently, the Competition Law Infringements (Actions for Damages) Regulations, 2017 (published in the Official Gazette on 25 April 2017), transposed EU Directive No 2014/104 of 26 November 2014 on damages actions for competition law infringements into national law and Act XVI of 2019  (published in the Official Gazette on 31 May 2019), which brought significant amendments relative to enforcement procedure. The 2019 Act was taken following a Constitutional Court ruling establishing that the fines imposed under the Competition Act have a criminal nature and therefore can only be inflicted by a court, a status the Office for Competition cannot claim. Finally, the Competition Act has been significantly amended by Act XLV of 2021 (also known as Chapter 510 of the Laws of Malta) to implement EU Directive No 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market.  

Maltese competition law applies to agreements that restrict competition, to abuse of a dominant position and to concentrations. Special legislation deals with State aid.

Context

The Act covers all restraints on competition which have the effect of restricting competition within Malta or any part thereof. The Act applies to all sectors of the Maltese economy; however, the Minister of Commerce may exempt activities from the provisions of the Act that are carried out by public undertakings or other undertakings that have been granted special or exclusive rights (Section 30).

Global Competition Law

515. Scope

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

515. Scope

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise