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The Protection Of Human Rights In Competition Proceedings

This article was written by Dr Richard Camilleri and Dr Annalies Azzopardi.MAMO TCV REPRESENTS APPLICANT IN LANDMARK CONSTITUTIONAL CASE REGARDING THE PROTECTION OF HUMAN RIGHTS IN COMPETITION PROCEEDINGSIn a judgment handed down on 21 April 2015 in the names Federation of Estate Agents vs Direttur Ä enerali (Kompetizzjoni) et (application number 87/2013), the First Hall, Civil Court in its constitutional jurisdiction held that the procedures currently envisaged by the Competition Act (Cap. 379 of the laws of Malta) in the case of a breach of the competition rules violate the provisions of the Constitution of the Republic of Malta ("the Constitution")…
Richard Camilleri
7th May 2015
Intellectual Property & Anti-Counterfeiting

Damages in Maltese Intellectual Property Cases: A Brief Look at Article 12 of Chapter 488 of the Laws of Malta

IntroductionThe Enforcement of Intellectual Property Rights (Regulation) Act, 2006  came into effect at the end of 2006  and fully implements the provisions of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (the Directive). It is fair to say that Maltese practitioners took some time getting used to the broad implications of Chapter 488. It is also fair to say that even the Maltese Courts themselves initially seemed to exhibit trepidation in granting some of the remedies stemming from this new law. Many of these remedies are more…
Investment Services & Funds

Open-Ended Vs Closed-Ended AIFs

​Introduction A secure and stable financial system requires that all significant financial market actors are subject to appropriate regulation and supervision. Alternative Investment Fund Managers ('AIFMs') have grown to become very significant actors in the European financial system, managing a large quantity of assets on behalf of pension funds and other investors; accounting for a significant proportion of trading activity in financial markets; and constituting an important source of counterparty risk for other market participants. AIFMs have also contributed to the build-up of leverage in the financial system, the consequences of which for the stability of financial markets became apparent…
Katya Tua
8th November 2013