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Laura Spiteri

Mamo TCV Advocates: EU flag
CJEU Rules that FDI cannot Restrict Fundamental Freedoms Antitrust, Competition and Trade

CJEU Rules that FDI cannot Restrict Fundamental Freedoms

In a recent response to a request for a preliminary ruling made by a court in Hungary, the Court of Justice of the European Union (the ‘CJEU’) delivered an interesting ruling on the applicability of the Foreign Direct Investment Regulation (the ‘FDI Regulation’). The FDI Regulation establishes a framework for the screening of foreign direct investments into the European Union (the ‘EU’) on the grounds of security or public order by the Member States. In the recent Xella judgment, the Hungarian Court asked the CJEU whether preventing foreign investors – including companies based in the EU but over which a…
Laura Spiteri
6th September 2023
To Notify or Not to Notify? Merger Control Rules in Malta
Should the Gun be Jumped? A Brief Insight into Merger Control in Malta Antitrust, Competition and Trade

Should the Gun be Jumped? A Brief Insight into Merger Control in Malta

Merger control constitutes the analysis carried out by the Office for Competition (the ‘Office’) in its assessment of those corporate transactions notifiable to it. The aim behind such an assessment is for the Office to consider whether that transaction – taking the form of the creation of a ‘concentration’ – is likely to impede effective competition. The Control of Concentration Regulations1 identify three types of concentrations: mergers, when two or more undertakings previously independent of one another fuse together resulting in an amalgamated new entity. acquisition of control, which consists of the acquisition of (in)direct control in an undertaking either…
Laura Spiteri
28th February 2023
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ECN+ Directive: Amendments Made to Competition Act Now in Force Antitrust, Competition and Trade

ECN+ Directive: Amendments Made to Competition Act Now in Force

This article was written by Dr Annalies Muscat and Dr Laura SpiteriIn the light of Malta's transposition of Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (the 'ECN+ Directive'), various amendments to the Competition Act (Chapter 379 of the laws of Malta) (the 'Act') have been made. The ECN+ Directive sets out rules to ensure that national competition authorities have the necessary guarantees of independence, resources, and enforcement and…
Laura Spiteri
8th September 2021
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Circular Economy: Beverage Containers Recycling Regulations in Force Planning & Environment

Circular Economy: Beverage Containers Recycling Regulations in Force

This article was written by Dr Michael Psaila and Dr Laura SpiteriOn 31 July 2020, the Beverage Containers Recycling Regulations (Legal Notice 311 of 2020 and hereinafter referred to as the 'Regulations') came into force. The aim of these Regulations is to further the circular economy by establishing a Beverage Container Refund Scheme (the 'Scheme') to enhance the collection and recycling of beverage containers and reduce littering.These Regulations implement the provisions of Directive 94/62 on packaging and packaging waste and form part of the Maltese Government's Single-Use Plastics Products Strategy for Malta 2020-2030. An operator licensed by the Resource, Recovery…
Laura Spiteri
4th August 2020
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Second Extension to the Temporary Framework has been Adopted Antitrust, Competition and Trade

Second Extension to the Temporary Framework has been Adopted

Following the draft proposal to further extend the scope of the State Aid Temporary Framework (the "Framework") that was sent to the Member States on the 9 April 2020 by the European Commission, the second extension to the Framework has now been adopted and was put into effect on the 8 May 2020. The Framework was initially brought into effect on the 19 March 2020 and was previously amended on the 3 April 2020. While furthering the scope of the Framework, this second extension will complement the State aid measures covered by the Framework and existing State aid rules. The…
Laura Spiteri
15th May 2020
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Commission accepts commitments offered by Visa and Mastercard on inter-regional interchange fees Antitrust, Competition and Trade

Commission accepts commitments offered by Visa and Mastercard on inter-regional interchange fees

Following the feedback sought by the European Commission (the 'Commission') regarding the commitments offered by Visa and Mastercard further to the Statement of Objections issued by the Commission regarding the competition concerns raised by inter-regional interchange fees ('inter-regional MIFs') for payment transactions, the Commission has accepted the commitments offered by Visa and Mastercard (read more here).These commitments shall be applicable for a period of five years and six months and shall concern inter-regional MIFs applied to payment transactions made using Mastercard, Maestro, Visa, Visa Electron, and V-PAY credit and debit card brands.The accepted commitments and more information about these cases…
Laura Spiteri
10th May 2019