Category

Antitrust, Competition and Trade

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Extension of State Aid to Small and Start-up Companies has been Proposed Antitrust, Competition and Trade

Extension of State Aid to Small and Start-up Companies has been Proposed

This article was written by Dr Michael Psaila and Dr Laura SpiteriOn the 12 June 2020, the European Commission sent a draft proposal to Member States, purporting to further extend the scope of the State Aid Temporary Framework (the 'Framework') that was initially put into effect on the 19 March 2020, for feedback. The European Commission had issued the Framework with the aim of supporting the economy in these unprecedented times. This latest proposed amendment to the Framework has the aim of supporting micro and small enterprises, including start-ups, and providing incentives for private investors to participate in recapitalisation measures…
Michael Psaila
17th June 2020
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Concentration Notification First – Office for Competition Issues Phase II Decision Antitrust, Competition and Trade

Concentration Notification First – Office for Competition Issues Phase II Decision

This article was written by Dr Annalies Muscat and Dr Laura SpiteriIn what is a first for the Office for Competition (the 'Office'), the national competent authority to receive inter alia concentration notifications, a joint venture has been approved following a Phase II investigation. On the 5 June 2020, the Office published its decision on the full-function joint venture between Retail Marketing Limited and Co-op Trading Company Limited, Polrem Limited, S. Borg & Sons Limited, Tower Supermarkets Complex Limited, Valyou Pendergardens Operations Ltd., Belleview Supermarkets Co. Ltd. and Valyou Supermarket Limited. The proposed joint venture was first notified to the…
Annalies Muscat
12th June 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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MCCAA Issues Consultation Regarding Proposed Amendments to Consumer Affairs Act Antitrust, Competition and Trade

MCCAA Issues Consultation Regarding Proposed Amendments to Consumer Affairs Act

This article has been written by Dr Annalies Muscat and Dr Laura SpiteriOn 22 April 2020, the Malta Competition and Consumer Affairs Authority (the "MCCAA") published a consultation regarding a Bill to amend the Consumer Affairs Act (Chapter 378 of the laws of Malta and hereinafter referred to as the "Act") and other Laws, and to make ancillary and consequential provisions thereto (the "Bill") in the light of Regulation 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the "Regulation"). The salient amendments being proposed in the Bill are the following:i. Introduction of a Commitments Procedure…
Annalies Muscat
12th May 2020
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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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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