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

Under Section 9(2) of the Competition Act, one or more undertakings is/are deemed to abuse of a dominant position, where it or they, inter alia:
- directly or indirectly impose an excessive or unfair purchase or selling price or other unfair trading conditions or;
- limit production, markets or technical development, thereby harming consumers or;
- apply dissimilar conditions, including price disc …

Abuse

Under Section 9(1) of the Competition Act, any abuse by one or more undertakings of a dominant position within Malta or any part of Malta is prohibited. As is the case under EU law, dominance in itself is not prohibited, merely its abuse.

  The Commission of Fair Trading has quoted with approval the definition given to this concept by the European Court of Justice i.e. that dominance is defined as “a position of economic strength held by one or more undertakings which enables it or them to prevent effective competition being maintained on the relevant market by affording it or them the power to behave, to an appreciable extent, independently of its or their competitors, suppliers and ultimately of customers.”

  An individual or collective market share of 40% or more is said to create a presumption of dominance under Section 9(3) of the Competition Act. However, depending on the specificities of the market, a market share of below 40% may also give rise to a finding of dominance.

Dominant position

Under Section 9(2) of the Competition Act, one or more undertakings is/are deemed to abuse of a dominant position, where it or they, inter alia:

- directly or indirectly impose an excessive or unfair purchase or selling price or other unfair trading conditions or;

- limit production, markets or technical development, thereby harming consumers or;

- apply dissimilar conditions, including price discrimination to equivalent transactions with different trading parties, thereby placing any or some of the trading parties at a competitive disadvantage or;

- make the conclusion of contracts subject to the other party's acceptance of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

Global Competition Law

519. Abuse

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Les notions juridiques connexes

519. Abuse

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Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise