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Annalies Muscat

Annalies Muscat is a Senior Associate at Mamo TCV Advocates. She graduated Doctor of Laws from the University of Malta in 2010 after submitting a doctoral thesis entitled ‘A critical analysis of the leading decisions of the Commission for Fair Trading’. Annalies furthered her studies at the University of Cambridge, UK, where she obtained a Masters of Law degree in Commercial Law, and subsequently completed a PhD at the University of Birmingham, UK following the successful defence of her thesis entitled ‘The treatment of dominant undertakings under EU competition law: time for a new approach?’.

Annalies was called to the Bar in February, 2011 and joined Mamo TCV Advocates in September 2011. Annalies’s main areas of practice include Antitrust and Competition, and Corporate and M&A, advising in particular on various contractual issues and consumer law.

As part of her practice in Antitrust and Competition, Annalies has advised various businesses in different industries (such as manufacturing, utilities, food and beverage, entertainment, telecommunications, import and export, co-operatives) on competition issues. This includes making submissions to and representing clients in front of the Office for Competition, the Commercial Court and civil courts and regulators as well as advising on contracts and mergers and acquisitions.

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Social Networks: When are you a consumer? Corporate and M&A

Social Networks: When are you a consumer?

In Case C-498/16 Maximilian Schrems v Facebook Ireland Limited (nyr, 25 January 2018), the Court of Justice of the European Union (CJEU) had to decide when an individual who uses a social network for different purposes qualifies as a consumer.Schrems is a privacy activist, particularly against Facebook. He brought an action before the Austrian courts against Facebook alleging various breaches of privacy laws.The issue arose whether (i) Schrems could be considered a 'consumer'; and (ii) whether he could bring an action on the basis of the Brussels I Regulation on behalf of consumers located in different Member States, who had…
Annalies Muscat
23rd February 2018
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Article on margin squeeze published in the European Competition Journal Antitrust, Competition and Trade

Article on margin squeeze published in the European Competition Journal

The article first traces the origins of the principle found in EU competition law that margin squeeze is a stand-alone type of abuse. This principle means that when determining whether an abusive margin squeeze occurred, there is no need to consider whether the retail price charged by the dominant undertaking is predatory, or whether the wholesale price is excessive, or even whether the dominant undertaking has a duty to deal. The article then considers whether the margin squeeze test adopted in EU competition law is sufficient or whether reference to the tests used for predatory pricing, exploitative pricing and/or refusal…
Annalies Muscat
15th January 2018