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Antitrust, Competition and Trade

New Horizontal Block Exemptions and Guidelines Adopted 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.
European Commission Raids Fashion Companies 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
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
Call for evidence on Block Exemption for liner shipping operators
Call for Evidence on Block Exemption for Liner Shipping Operators Antitrust, Competition and TradeLegal Updates

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 : https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13519-EU-competition-law-evaluation-of-the-Consortia-Block-Exemption-Regulation_en 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
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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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Future judicial cooperation between the EU & UK: Assessing the implication of a “Hard Brexit” for judicial cooperation in civil and commercial matters. Antitrust, Competition and TradeCorporate and M&ALitigation & Dispute ResolutionWinding Up and 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