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Competition Law

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Corporate and M&A

Unfair Trading Practices in the Food Industry

In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain, following a resolution by the European Parliament in 2016 for the Commission to submit a proposal in this regard. Presently, there is little harmonisation on how Member States combat unfair trading practices, with some Member States, including Malta, having no such legislation in place.The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small and medium-sized enterprise ('an SME') and the buyer is not. Small operators in the food supply…
Laura Spiteri
24th October 2018
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Corporate and M&A

Unfair Trading Practices in the Food Industry

In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain, following a resolution by the European Parliament in 2016 for the Commission to submit a proposal in this regard. Presently, there is little harmonisation on how Member States combat unfair trading practices, with some Member States, including Malta, having no such legislation in place.The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small and medium-sized enterprise ('an SME') and the buyer is not. Small operators in the food supply…
Laura Spiteri
24th October 2018
News_UTP.png
Corporate and M&A

Unfair Trading Practices in the Food Industry

In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain, following a resolution by the European Parliament in 2016 for the Commission to submit a proposal in this regard. Presently, there is little harmonisation on how Member States combat unfair trading practices, with some Member States, including Malta, having no such legislation in place.The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small and medium-sized enterprise ('an SME') and the buyer is not. Small operators in the food supply…
Laura Spiteri
24th October 2018
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Antitrust, Competition and Trade

Office for Competition Issues its First Commitments Decision: Exclusivity Agreements for Five Years or More Raise Competition Concerns

This article was written by Dr. Annalies Muscat and Dr. Laura Spiteri.On the 29 May 2018, the Office for Competition ('the Office') issued a decision to accept commitments offered by St Edward's College and In Design (Malta) Limited. This appears to be the first commitments decision taken by the Office since the introduction of this procedure in 2011. The decision was taken under Article 12C(1) of the Competition Act ('the Act'), which states that where the Director General intends to adopt a decision requiring that an infringement be brought to an end and the undertaking concerned offers commitments to meet…
Annalies Muscat
10th October 2018
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Antitrust, Competition and Trade

Office for Competition Issues its First Commitments Decision: Exclusivity Agreements for Five Years or More Raise Competition Concerns

This article was written by Dr. Annalies Muscat and Dr. Laura Spiteri.On the 29 May 2018, the Office for Competition ('the Office') issued a decision to accept commitments offered by St Edward's College and In Design (Malta) Limited. This appears to be the first commitments decision taken by the Office since the introduction of this procedure in 2011. The decision was taken under Article 12C(1) of the Competition Act ('the Act'), which states that where the Director General intends to adopt a decision requiring that an infringement be brought to an end and the undertaking concerned offers commitments to meet…
Annalies Muscat
10th October 2018
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Antitrust, Competition and Trade

Proposed Amendments to the Competition Act and the Consumer Affairs Act

This article was written by Dr. Annalies Muscat  & Dr. Laura Spiteri. On the 10 August 2018, the Government of Malta launched a public consultation procedure in relation to proposed amendments to the Competition Act, the Consumer Affairs Act, the Malta Consumer and Competition Affairs Authority Act, and other related legislation.A draft Bill was also published.The amendments proposed to the abovementioned regulations aim to address the considerations made following the judgement of the Constitutional Court in Federation of Estates Agents v Direttur Δ enerali (Kompetizzjoni) et, of the 3 May 2016 (you can read our article on this judgment here. Although there has not yet…
Annalies Muscat
1st September 2018