Oct
18

Constitutional Court Confirms that Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings

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This article was written by Dr Annalies Muscat and Dr Laura Spiteri. On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et .The main issue in this case was whether the procedure laid down in the Financing of Political Parties Act ('the Act') violates Article 39 of the Constitution and Article 6 of the European Court of Human Rights ('the ECHR'). The plaintiff political party had filed a case before the First Hall in its Constitutional jurisdiction arguing that the functions of the Electoral Commission ('the...
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Oct
10

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

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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 un...
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Sep
01

Proposed Amendments to the Competition Act and the Consumer Affairs Act

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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 Ag...
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Apr
17

The ‘New Deal for Consumers’ – better consumer protection within the EU

The ‘New Deal for Consumers’ – better consumer protection within the EU
On 11 April 2018, the European Commission adopted the New Deal for Consumers – a package composed of two proposals for Directives and a Communication. The proposed Directives concern: (i) representative actions for the protection of the collective interests of consumers, and the repeal of the Injunctions Directive; and (ii) amendments to the Unfair Contract Terms Directive, Price Indications Directive, Unfair Commercial Practices Directive and the Consumer Rights Directive.Whilst the first proposal is aimed at improving the tools to stop illegal practices and faci...
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Mar
16

Mamo TCV Advocates at the Annual Consumer Law Conference

Mamo TCV Advocates at the Annual Consumer Law Conference
Dr Annalies Muscat, a senior associate, gave a presentation entitled 'Protecting the consumer in the digital marketplace – where are we so far?' at the Annual Consumer Law Conference, which is held on World Consumer Rights Day, 15 March.The Conference is organised jointly by the Department of Commercial Law, within the Faculty of Laws at the University of Malta, and the Malta Law Academy of the Chamber of Advocates, Malta. The theme of this year's conference was 'Consumer Protection: The Struggle Continues!'. Dr Muscat's presentation focused on how the consumer op...
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