Malta (2007) - Revision history

HCargill at 14:26, 17 July 2008

2008-07-17T14:26:36Z

← Older revision		Revision as of 14:26, 17 July 2008
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	~~'''This page is currently under construction. Please check back in early July, 2008.'''~~

	'''Score = 20'''		'''Score = 20'''

HCargill: Rescored it - mistakenly added a point for "other"

2008-07-17T14:26:19Z

Rescored it - mistakenly added a point for "other"

← Older revision		Revision as of 14:26, 17 July 2008
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	'''This page is currently under construction. Please check back in early July, 2008.'''		'''This page is currently under construction. Please check back in early July, 2008.'''

	'''Score = 21'''		'''Score = 20'''

	''Governed by:''		''Governed by:''

HCargill at 22:23, 29 June 2008

2008-06-29T22:23:07Z

← Older revision		Revision as of 22:23, 29 June 2008
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	'''This page is currently under construction. Please check back in early July, 2008.'''		'''This page is currently under construction. Please check back in early July, 2008.'''

	'''Score = 19'''		'''Score = 21'''

	''Governed by:''		''Governed by:''
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Article 4 generally prohibits mergers that substantially lessen competition.		\| Article 4 of the Merger Reg generally prohibits mergers that substantially lessen competition.

	\|-		\|-
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	\| Other		\| Other
	\| 1		\| 1
	\| Article 4(2)(b) requires the Commissioner to consider whether a party to the merger is in danger of failing.		\| Article 4(2)(b) of the Merger Reg requires the Commissioner to consider whether a party to the merger is in danger of failing.

	\|-		\|-
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	\| Efficiency		\| Efficiency
	\| 1		\| 1
	\| Article 4(4) allows a defense for mergers that are likely to bring about gains in efficiency.		\| Article 4(4) of the Merger Reg allows a defense for mergers that are likely to bring about gains in efficiency.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Limits Access		\| Limits Access
	\| 1		\| 1
	\| Article 9(2)(c) prohibits limiting production or markets.		\| Article 9(2)(c) of the Competition Act prohibits limiting production or markets.

	\|-		\|-
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	\| Abusive Acts		\| Abusive Acts
	\| 1		\| 1
	\| Article 9(1) prohibits abusive acts by dominant undertakings.		\| Article 9(1) of the Competition Act prohibits abusive acts by dominant undertakings.

	\|-		\|-
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	\| Price Setting		\| Price Setting
	\| 1		\| 1
	\| Article 9(2)(a) prohibits price setting.		\| Article 9(2)(a) of the Competition Act prohibits price setting.

	\|-		\|-
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	\| Discriminatory Pricing		\| Discriminatory Pricing
	\| 1		\| 1
	\| Article 9(2)(e) prohibits discriminatory pricing.		\| Article 9(2)(e) of the Competition Act prohibits discriminatory pricing.

	\|-		\|-
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	\| Obstacles to Entry		\| Obstacles to Entry
	\| 1		\| 1
	\| Article 9(2)(d) prohibits eliminating competitors.		\| Article 9(2)(d) of the Competition Act prohibits eliminating competitors.

	\|-		\|-
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	\| Price Fixing		\| Price Fixing
	\| 1		\| 1
	\| Article 5(1)(a) prohibits price fixing. Article 5(1)(b) prohibits discriminatory pricing.		\| Article 5(1)(a) of the Competition Act prohibits price fixing. Article 5(1)(b) prohibits discriminatory pricing.

	\|-		\|-
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	\| Tying		\| Tying
	\| 1		\| 1
	\| Article 5(1)(e)		\| Article 5(1)(e) of the Competition Act prohibits tying.

	\|-		\|-
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	\| Output Restraint		\| Output Restraint
	\| 1		\| 1
	\| Article 5(1)(b) prohibits limiting and controlling production.		\| Article 5(1)(b) of the Competition Act prohibits limiting and controlling production.

	\|-		\|-
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	\| Market Sharing		\| Market Sharing
	\| 1		\| 1
	\| Article 5(1)(c) prohibits market sharing.		\| Article 5(1)(c) of the Competition Act prohibits market sharing.

	\|-		\|-
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	\| Efficiency Defense		\| Efficiency Defense
	\| 1		\| 1
	\| Article 5(3) gives an exemption to the Article 5(1) prohibitions for agreements which contribute towards the objective of improving production or distribution of goods or promotes technical or economic progress		\| Article 5(3) of the Competition Act gives an exemption to the Article 5(1) prohibitions for agreements which contribute towards the objective of improving production or distribution of goods or promotes technical or economic progress

	\|}		\|}

HCargill: New page: '''This page is currently under construction. Please check back in early July, 2008.''' '''Score = 19''' ''Governed by:'' 1:''Chapter 379 Competition Act of 1 February 1995,'' ACT XXXI...

2008-06-29T22:16:33Z

New page: '''This page is currently under construction. Please check back in early July, 2008.''' '''Score = 19''' ''Governed by:'' 1:''Chapter 379 Competition Act of 1 February 1995,'' ACT XXXI...

New page

'''This page is currently under construction. Please check back in early July, 2008.'''

'''Score = 19'''

''Governed by:''

1:''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. (“Competition Act”)<ref> Statute from the Malta Ministry of Justice, at http://docs.justice.gov.mt/lom/legislation/english/leg/vol_10/chapt379.pdf</ref>;

2: ''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. ( “Merger Reg”).
<ref>Statute from the Malta Ministry of Justice, at http://docs.justice.gov.mt/lom/Legislation/English/SubLeg/379/08.pdf</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 2 of the Competition Act defines “relevant market” as localities located either inside or outside Malta. Article 5 of the Competition Act finds anticompetitive agreements to be any agreements between parties which target the Maltese market.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 21 of the Competition Act provides guidelines for fining.

|-
|
| 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.

|- class="categorydivision"
| 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
| 0
|

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 8 of the Rules of Procedure for the Commission for Fair Trading<ref> These can be found on pp. 15-16 of the Competition Act</ref> allow in camera hearings, provided that the initiating party and defendant have the right to be heard in the proceedings.

|- class="categorydivision"
| Merger Notification
| 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
|

|- class="categorydivision"
| 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 generally prohibits mergers that substantially lessen competition.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 1
| Article 4(2)(b) requires the Commissioner to consider whether a party to the merger is in danger of failing.

|-
|
| Efficiency
| 1
| Article 4(4) allows a defense for mergers that are likely to bring about gains in efficiency.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 9(2)(c) prohibits limiting production or markets.

|-
|
| Abusive Acts
| 1
| Article 9(1) prohibits abusive acts by dominant undertakings.

|-
|
| Price Setting
| 1
| Article 9(2)(a) prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 9(2)(e) prohibits discriminatory pricing.

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 1
| Article 9(2)(d) prohibits eliminating competitors.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 5(1)(a) prohibits price fixing. Article 5(1)(b) prohibits discriminatory pricing.

|-
|
| Tying
| 1
| Article 5(1)(e)

|-
|
| Market Division
| 0
|

|-
|
| Output Restraint
| 1
| Article 5(1)(b) prohibits limiting and controlling production.

|-
|
| Market Sharing
| 1
| Article 5(1)(c) prohibits market sharing.

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 0
|

|-
|
| Efficiency Defense
| 1
| Article 5(3) gives an exemption to the Article 5(1) prohibitions for agreements which contribute towards the objective of improving production or distribution of goods or promotes technical or economic progress

|}

== References ==
<references />