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

Before 2011, any infringement of the merger control rules incurred a criminal fine. Legal Notice 349 of 2011 substituted administrative fines to the criminal fines previously applicable. However, two rulings of the Maltese Constitutional Court deemed the administrative fines were criminal in nature and therefore could only be imposed by a court, which the Director General may not claim to be. The  …

Fines

The Director General may condition his/her approval of the operation on the undertakings' compliance with certain conditions and obligations insuring that the undertakings concerned comply with the commitments they have entered into with a view to rendering the concentration lawful (Section 6(2) of the Merger Regulation).

Where an illegal concentration has already been implemented, the Director General may require the undertakings or assets brought together to be separated or the cessation of joint control or any other action that may be appropriate in order to restore conditions of effective competition (Section 8(4) of the Merger Regulation).

Conditions and commitments - Divestiture

Before 2011, any infringement of the merger control rules incurred a criminal fine. Legal Notice 349 of 2011 substituted administrative fines to the criminal fines previously applicable. However, two rulings of the Maltese Constitutional Court deemed the administrative fines were criminal in nature and therefore could only be imposed by a court, which the Director General may not claim to be. The 2019 amendment Act now provides that the Director General must request the imposition of a penalty by way of petition before the Civil Court (Commercial Section).

Undertakings or associations of undertakings are liable to the payment of a penalty of not less than EUR 1,000 and not more than EUR 10,000 where they intentionally or negligently: (i) fail to notify a concentration in accordance with regulation 5 before implementation; (ii) supply incorrect or misleading information in a notification pursuant to regulation 5; (iii) supply incorrect information in response to a request made pursuant to regulation 10 or fail to supply information within the period fixed by a decision taken pursuant to regulation 10; (iv) produce the required books or other business records in incomplete form during investigations under regulation 11 or refuse to submit to an investigation ordered by decision pursuant to regulation 11.

Furthermore, the same may incur an administrative fine of up to 10% of their total turnover in the preceding business year where they intentionally or negligently: (i) fail to comply with an obligation imposed by decision pursuant to the provisions of regulations 7(3) or 8(2); (ii) put into effect a concentration in breach of regulation 7(1); (iii) put into effect a concentration declared unlawful in terms of the provisions of these regulations by decision pursuant to regulation 8(3) or do not take the measures ordered by decision pursuant to regulation 8(4).

Periodic penalty payments may also be imposed on persons, undertakings or associations of undertakings in order to compel them: (i) to supply complete and correct information requested by decision pursuant to regulation 10; (ii) to submit to an investigation ordered by decision pursuant to regulation 11; (iii) to comply with an obligation imposed by decision pursuant to the provisions of regulations 7(3) or 8(2); (iv) to apply the measures ordered by decision pursuant to regulation 8(4).

Global Competition Law

538. Fines

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Les notions juridiques connexes

538. Fines

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