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Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
Antitrust, Competition and Trade

Consumer Claims Tribunal Can Now Hear Claims of up to €10,000

On 10 July 2023, the Maltese Parliament resolved in favour of several amendments to the Consumer Affairs Act. These amendments serve two purposes. Firstly, the Consumer Claims Tribunal can now hear consumer claims of up to €10,000. This amendment represents a significant increase in the value of the claims that can be heard by the arbiter given the previous threshold of €5,000. This means that consumers can now opt to go to the Tribunal rather than initiate Court proceedings for a greater number of cases. Secondly, provision has now been made for the use of video conferencing in Tribunal proceedings…
Annalies Muscat
14th July 2023
Antitrust, Competition and Trade

New Horizontal Block Exemptions and Guidelines Adopted

The European Commission has adopted revised Horizontal Block Exemption Regulations on research and development agreements and specialisation agreements, as well as revised Horizontal Guidelines. This follows a thorough review of the existent rules. The aim is to provide businesses, as well as their advisors, with clearer and updated guidance in order to assist with the self-assessment of horizontal agreements – that is agreements with competitors – with the competition rules. The Block Exemptions will enter into force on 1 July 2023. The revised Guidelines notably contain reference to recent case law as well as take into account current business and…
Annalies Muscat
12th July 2023
On 18 April 2023, the European Commission confirmed that it has started unannounced inspections at various companies in the fashion sector across Europe.
Antitrust, Competition and Trade

European Commission Raids Fashion Companies Across Europe

The European Commission has confirmed that it has started dawn raids at the premises of companies operating in the fashion industry in several Member States. Officers from national competition authorities accompanied Commission officials at these inspections. The Commission has also sent out formal requests for information to such companies. The Commission clarified that it is concerned that these companies are in breach of Article 101 of the Treaty on the Functioning of the European Union, which prohibits cartels and other restrictive arrangements, however no further details were forthcoming from the Commission at this stage. Unannounced inspections – or “dawn raids”…
Annalies Muscat
3rd May 2023
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Antitrust, Competition and Trade

Concentration Notification First – Office for Competition Issues Phase II Decision

This article was written by Dr Annalies Muscat and Dr Laura SpiteriIn what is a first for the Office for Competition (the 'Office'), the national competent authority to receive inter alia concentration notifications, a joint venture has been approved following a Phase II investigation. On the 5 June 2020, the Office published its decision on the full-function joint venture between Retail Marketing Limited and Co-op Trading Company Limited, Polrem Limited, S. Borg & Sons Limited, Tower Supermarkets Complex Limited, Valyou Pendergardens Operations Ltd., Belleview Supermarkets Co. Ltd. and Valyou Supermarket Limited. The proposed joint venture was first notified to the…
Annalies Muscat
12th June 2020
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Antitrust, Competition and Trade

Have These Drastic Times Called for Drastic Anti-trust Measures?

​This article was written by Dr Annalies Muscat and Dr Laura SpiteriAs a result of the unprecedented circumstances we are currently facing, exceptional measures are being taken in a number of countries, namely due to the challenges various businesses are facing. On the 23 March 2020, the European Commission, the EFTA Surveillance Authority, and the National Competition Authorities issued a joint statement acknowledging that the current situation may require undertakings to cooperate with one another to ultimately benefit consumers. The Office for Competition, Malta's national competition authority, issued a statement confirming the contents of the joint statement on 24 March…
Annalies Muscat
29th May 2020
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Antitrust, Competition and Trade

MCCAA Issues Consultation Regarding Proposed Amendments to Consumer Affairs Act

This article has been written by Dr Annalies Muscat and Dr Laura SpiteriOn 22 April 2020, the Malta Competition and Consumer Affairs Authority (the "MCCAA") published a consultation regarding a Bill to amend the Consumer Affairs Act (Chapter 378 of the laws of Malta and hereinafter referred to as the "Act") and other Laws, and to make ancillary and consequential provisions thereto (the "Bill") in the light of Regulation 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the "Regulation"). The salient amendments being proposed in the Bill are the following:i. Introduction of a Commitments Procedure…
Annalies Muscat
12th May 2020