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To Notify or Not to Notify? Merger Control Rules in Malta

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
Call for evidence on Block Exemption for liner shipping operators
CompetitionLegal Update

Call for Evidence on Block Exemption for Liner Shipping Operators

The European Commission has opened a call for evidence until 3 October 2022 with regards to the “Consortia Block Exemption Regulation”. This block exemption allows liner shipping operators to cooperate in the provision of services. The block exemption will expire on 25 April 2024. The call for evidence is intended to assess how well the block exemption has functioned since it was last extended in 2020. The call for evidence may be accessed here : Disclaimer: This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not…
Mamo TCV Advocates
29th September 2022

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
CompetitionCorporate and M&ALitigation & Dispute ResolutionMergers & Acquisitions Insolvency

Future judicial cooperation between the EU & UK: Assessing the implication of a “Hard Brexit” for judicial cooperation in civil and commercial matters.

The EU-UK Trade and Cooperation Agreement (the "TCA") concluded on Christmas Eve, 2020 is silent with respect to judicial cooperation in civil and commercial matters (as opposed to cooperation in criminal matters). Consequently, as from 1st January, 2021 the UK is treated as a third state with respect to the application of a number of significant EU legislation regulating matters of cross-border judicial cooperation (e.g. the rules governing the recognition and enforcement of court judgements or the choice of jurisdiction and applicable law clauses). Given the regularity with which an English law clause, usually supported by a choice of English…
Simon Pullicino
8th February 2021
CompetitionLegal Update

Undertakings with Links to Tax Havens not to Receive State aid

The European Commission ('Commission') has issued a recommendation to Member States that undertakings with links to tax havens (see list) and/or undertakings that have been convicted of serious financial crimes should not be beneficiaries of any state aid.The aim behind this recommendation is to avoid the misuse of public funds and to strengthen safeguards against tax abuse and financial crime throughout the Union. Nevertheless, it ought to be noted that the recommendation does not absolutely prohibit every undertaking with a link to a listed non-cooperative jurisdiction from receiving State aid. Member States are to make known to the Commission the…
MamoTCV Advocates
16th July 2020

Are Foreign Subsidies Distorting the EU’s Single Market?

This article was written by Dr Michael Psaila and Dr Laura SpiteriThe openness of the European Union (the 'EU') to foreign investment has been the subject of much recent debate. While this openness brought with it a myriad of opportunities, it also brought increased risks and in light of this, the European Commission (the 'Commission') published for consultation a White Paper on Foreign Subsidies in the Internal Market (the 'White Paper') on the 17 June 2020. Various EU instruments, including competition and public procurement rules, ensure fair conditions in the Single Market, with subsidies by Member States being subjected to…
Michael Psaila
13th July 2020