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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
Antitrust, Competition and TradeLegal Updates

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
Antitrust, Competition and Trade

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
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
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
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