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 jur...

This article was written by Dr Michael Psaila and Dr Laura Spiteri The 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...

This article was written by Dr Michael Psaila and Dr Laura Spiteri On 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 providi...

This article was written by Dr Annalies Muscat and Dr Laura Spiteri In 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., Bellevi...

​ This article was written by Dr Annalies Muscat and Dr Laura Spiteri As a result of the unprecedented circumstances we are currently facing, exceptional measures are being taken in a number of countries, namely due to the challenges various businesses are facing. On the 23 March 2020, the European Commission, the EFTA Surveillance Authority, and the National Competition Authorities issued a joint statement acknowledging that the current situation may require undertakings to cooperate with one another to ultimately benefit consumers. The Office for Competition, Ma...