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Antitrust Investigations are not Criminal in Nature Antitrust, Competition and Trade

Antitrust Investigations are not Criminal in Nature

On the 12 July 2019, the Constitutional Court handed down judgment in Falzon Group Holdings Limited et v Director General (Competition). Plaintiffs were seeking to have competition proceedings struck out on the basis that the investigation conducted by the Director General (Competition) under the dispositions of the Competition Act (Cap 379 of the laws of Malta and hereinafter the 'Act') breached their right to a fair hearing under article 39(1) of the Constitution and article 6 of the European Convention on Human Rights. This case was filed in the wake of Federation of Estate Agents v Director General (Competition), by…
Annalies Muscat
21st August 2019
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Amendments to the Consumer Affairs Act – new procedural safeguards for traders in public enforcement proceedings Corporate and M&A

Amendments to the Consumer Affairs Act – new procedural safeguards for traders in public enforcement proceedings

This article was written by Dr Annalies Muscat and Dr Laura SpiteriOn the 31 May 2019, Parliament enacted the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act ("the Amendment Act").As the name implies, the Amendment Act amends not only the Competition Act (read more here), but also the Consumer Affairs Act ("the Act"). It is clear that following the Constitutional Court judgments in Federation of Estate Agents v Direttur Generali (Kompetizzjoni) et of 3 May 2016 and Thake et vs Electoral Commission of 8 October 2018 the need to amend the Consumer Affairs Act was felt. These…
Annalies Muscat
9th July 2019
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Amendments to the Consumer Affairs Act – new procedural safeguards for traders in public enforcement proceedings Corporate and M&A

Amendments to the Consumer Affairs Act – new procedural safeguards for traders in public enforcement proceedings

This article was written by Dr Annalies Muscat and Dr Laura SpiteriOn the 31 May 2019, Parliament enacted the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act ("the Amendment Act").As the name implies, the Amendment Act amends not only the Competition Act (read more here), but also the Consumer Affairs Act ("the Act"). It is clear that following the Constitutional Court judgments in Federation of Estate Agents v Direttur Generali (Kompetizzjoni) et of 3 May 2016 and Thake et vs Electoral Commission of 8 October 2018 the need to amend the Consumer Affairs Act was felt. These…
Annalies Muscat
9th July 2019
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Circular Economy: Directive on Single-use Plastics comes into force Corporate and M&A

Circular Economy: Directive on Single-use Plastics comes into force

This article was written by Dr Annalies Muscat and Dr Laura SpiteriOn 2 July 2019, Directive 2019/904 on the reduction of the impact of plastic products on the environment (the 'Directive') came into force. The Directive aims to prevent and reduce the impact of certain plastic products on the environment (1) and, in so doing, promotes the transition to a circular economy that seeks to give priority to sustainable and non-toxic re-usable products and re-use systems as opposed to single-use plastic products. (2) Single-use plastic products are those products manufactured wholly or partly from plastic that is not designed or placed on…
Annalies Muscat
4th July 2019
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Circular Economy: Directive on Single-use Plastics comes into force Corporate and M&A

Circular Economy: Directive on Single-use Plastics comes into force

This article was written by Dr Annalies Muscat and Dr Laura SpiteriOn 2 July 2019, Directive 2019/904 on the reduction of the impact of plastic products on the environment (the 'Directive') came into force. The Directive aims to prevent and reduce the impact of certain plastic products on the environment (1) and, in so doing, promotes the transition to a circular economy that seeks to give priority to sustainable and non-toxic re-usable products and re-use systems as opposed to single-use plastic products. (2) Single-use plastic products are those products manufactured wholly or partly from plastic that is not designed or placed on…
Annalies Muscat
4th July 2019
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Substantial Amendments to the Competition Act – the Salient Features Antitrust, Competition and Trade

Substantial Amendments to the Competition Act – the Salient Features

This article was written by Dr Annalies Muscat and Dr Laura SpiteriThe Competition Act and Consumer Affairs Act and other Laws (Amendment) Act ("the Amendment Act") was enacted on 31 May 2019. Parliament had first proposed amendments to the Competition Act (Cap 379 of the Laws of Malta) (the 'Act') following the Constitutional Court decision Federation of Estate Agents v Direttur Generali (Kompetizzjoni) et of 3 May 2016.After a public consultation and the Constitutional Court decision in Thake et vs Electoral Commission of 8 October 2018, a bill was presented to Parliament (see here ) with proposed amendments intended to…
Annalies Muscat
3rd July 2019