Malta/EU, 2005

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This page is currently under construction. Please check back in mid-August, 2008.

Score =

Governed by:

  • EU law:
  • Articles 81[1] and 82[2] of the EC treaty
  • Regulation 1/2003 of 16 December 2002 [3] and
  • Maltese Law:
  • Chapter 379 Competition Act of 1 February 1995, ACT XXXI of 1994, as amended by Acts XXVIII of 2000, IV of 2003 and III of 2004; and Legal Notice 425 of 2007.[4] (“Competition Act”). Article 16 of the Competition Act incorporates articles 81 and 82 of the EC Treaty , listing all EC treaty violations as violations of the Competition Act.
  • Subsidiary Legislation 379.08 Control of Concentrations Regulations of 1st January 2003, Legal Notice 294 of 2002, as amended by Legal Notices 299 of 2002 and 49 of 2007.[5] (“Merger Reg”).
Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Article 21 of the Competition Act provides for fines for EC treaty violations.
Prison Sentences 0
Divestitures 1 Article 13 of of the Competition Act allows the commission to force structural remedies on a firm. Article 8(3) of the Merger Reg permits divestment of improperly merged companies.
Private Enforcement 3rd Party Initiation 1 Article 12(1) of the Competition Act says that investigations can be initiated by a reasonable allegation in writing by a 3rd party.
Remedies Available to 3rd Parties 1 Private enforcement of Articles 81 and 82 is mandated and encouraged by the European Commission.[6]
3rd Party Rights in Proceedings 1 Article 8 of the Rules of Procedure for the Commission for Fair Trading[7] allow in camera hearings, provided that the initiating party and defendant have the right to be heard in the proceedings.
Merger Notification[8] Voluntary 0
Mandatory 3 Article 5(1) of the Merger Reg says that notification must occur prior to implementation.
Pre-merger 2 Article 5(1) of the Merger Reg says that notification must occur prior to implementation.
Post-merger 0
Merger Assessment Dominance 1 Article 4(2)(d) of the Merger Reg lists the market positions of the undertakings as a factor in merger assessment.
Restriction of Competition 1 Article 4 of the Merger Reg generally prohibits mergers that substantially lessen competition.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 1 Article 4(2)(b) of the Merger Reg requires the Commissioner to consider whether a party to the merger is in danger of failing.
Efficiency 1 Article 4(4) of the Merger Reg allows a defense for mergers that are likely to bring about gains in efficiency.
Dominance Limits Access 1 Article 82(b) of the EC Treaty prohibits limiting production.
Abusive Acts 1 Article 82 of the EC Treaty prohibits abuse of a dominant position.
Price Setting 1 Article 82(a) of the EC Treaty prohibits price setting.
Discriminatory Pricing 1 Article 82(c) of the EC Treaty prohibits discriminatory conditions.
Resale Price Maintenance 1 Article 82(a) of the EC Treaty prohibits resale price maintenance.
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 81(1)(a) of the EC treaty prohibits price fixing.
Tying 1 Article 81(1)(e) of the EC treaty prohibits tying.
Market Division 0
Output Restraint 1 Article 81(1)(b) prohibits limiting production.
Market Sharing 1 Article 81(1)(c) prohibits market sharing.
Eliminating Competitors 1 Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 prohibits bid-rigging.[9]
Supply Refusal 1 Article 81(1)(b) prohibits supply refusal.
Efficiency Defense 1 Article 81(3) allows an efficiency defense.

References

  1. available from the EC at http://ec.europa.eu/comm/competition/legislation/treaties/ec/art81_en.html
  2. available from the EC at http://ec.europa.eu/comm/competition/legislation/treaties/ec/art82_en.html
  3. Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
  4. Statute from the Malta Ministry of Justice, at http://docs.justice.gov.mt/lom/legislation/english/leg/vol_10/chapt379.pdf
  5. Statute from the Malta Ministry of Justice, at http://docs.justice.gov.mt/lom/Legislation/English/SubLeg/379/08.pdf
  6. http://ec.europa.eu/comm/competition/antitrust/actionsdamages/files_white_paper/whitepaper_en.pdf
  7. These can be found on pp. 15-16 of the Competition Act
  8. The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
  9. http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf