Competition & Antitrust
In 1995 the Maltese Competition Act (Chapter 379 of the Laws of Malta) came into force. This Act is based on European Legislation and has had amendments coming into force in 2004 and 2011. The Malta Competition and Consumer Affairs Authority Act (Chapter 510 of the Laws of Malta) is highly affiliated with the Competition Act since is establishes the Authority which is set up to attain and maintain a well-functioning market, keeping in mind the benefit towards consumer and economic operators.
According to the law, the Appeals Tribunal shall have recourse to judgements of the Court of justice of the European Union and other relevant statements and comments made by the European Commission. This includes interpretative notices on the relevant provisions of the Treaty on the Functioning of the European Union (TFEU) and any secondary legislation which relates to competition and also makes reference to its previous decisions.
Accordingly, local legislation cannot work in isolation from European legislation since the main aim of the Competition Act is to regulate competition and provide for fair trading in Malta. Creating a common market for competition is the main goal set out by the EC and the TFEU.
In light of the above, our team of dedicated lawyers offer advice on all aspects of competition law, particularly, two very important aspects: prohibition of agreements, decisions and concerted practices which restrict or distort competition and the abuse of a dominant position.
