Malta (January 1, 2003) - Revision history

AchalOza at 12:48, 12 October 2007

2007-10-12T12:48:25Z

← Older revision		Revision as of 12:48, 12 October 2007
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	'''Score = 18'''		'''Score = 19'''

	''Governed by:'' Chapter 379 Competition Act of 1 February 1995, last amended III. 2004 125 (hereinafter referred to as “Competition Act”) and Subsidiary Legislation 379.08 Control of Concentrations Regulations of 1st January 2003 (hereinafter referred to as “Concentration Reg”).		''Governed by:'' Chapter 379 Competition Act of 1 February 1995, last amended III. 2004 125 (hereinafter referred to as “Competition Act”) and Subsidiary Legislation 379.08 Control of Concentrations Regulations of 1st January 2003 (hereinafter referred to as “Concentration Reg”).

AchalOza at 20:58, 15 July 2007

2007-07-15T20:58:09Z

← Older revision		Revision as of 20:58, 15 July 2007
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	\|		\|
	\| Efficiency		\| Efficiency
	\| 0		\| 1
	\|		\| Article 4(4) allows a defense for mergers that are likely to bring about gains in efficiency.

	\|- class="categorydivision"		\|- class="categorydivision"

AchalOza at 20:54, 15 July 2007

2007-07-15T20:54:17Z

← Older revision		Revision as of 20:54, 15 July 2007
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	\|		\|
	\| Obstacles to Entry		\| Obstacles to Entry
	\| 0		\| 1
	\|		\| Article 9(2)(d) prohibits eliminating competitors.

	\|-		\|-

AchalOza at 20:52, 15 July 2007

2007-07-15T20:52:58Z

← Older revision		Revision as of 20:52, 15 July 2007
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	\|		\|
	\| Divestitures		\| Divestitures
	\| 0		\| 1
	\|		\| Article 13 allows the commission to force structural remedies on a firm.

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

	\|-		\|-

AchalOza at 20:54, 11 July 2007

2007-07-11T20:54:42Z

← Older revision		Revision as of 20:54, 11 July 2007
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article 5(1) of the Concentration Reg says that notification must occur ~~within a week of the conclusion of the merger~~.		\| Article 5(1) of the Concentration Reg says that notification must occur prior to implementation.

	\|-		\|-
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	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| Article 5(1) of the Concentration Reg says that notification must occur ~~within a week of the conclusion of the merger or announcement of the bid~~ to ~~merge~~.		\| Article 5(1) of the Concentration Reg says that notification must occur prior to implementation.

	\|-		\|-

AchalOza: New page: '''Score = 18''' ''Governed by:'' Chapter 379 Competition Act of 1 February 1995, last amended III. 2004 125 (hereinafter referred to as “Competition Act”) and Subsidiary Legislation ...

2007-07-11T20:50:20Z

New page: '''Score = 18''' ''Governed by:'' Chapter 379 Competition Act of 1 February 1995, last amended III. 2004 125 (hereinafter referred to as “Competition Act”) and Subsidiary Legislation ...

New page

'''Score = 18'''

''Governed by:'' Chapter 379 Competition Act of 1 February 1995, last amended III. 2004 125 (hereinafter referred to as “Competition Act”) and Subsidiary Legislation 379.08 Control of Concentrations Regulations of 1st January 2003 (hereinafter referred to as “Concentration Reg”).
<ref>Malta Ministry for Competitiveness and Communications website, http://docs.justice.gov.mt/lom/legislation/english/leg/vol_10/chapt379.pdf; 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 3 defines “relevant market” as localities located either inside or outside Malta.

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

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 12(1) 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
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 5(1) of the Concentration Reg says that notification must occur within a week of the conclusion of the merger.

|-
|
| Pre-merger
| 2
| Article 5(1) of the Concentration Reg says that notification must occur within a week of the conclusion of the merger or announcement of the bid to merge.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 4(2)(d) of the Concentration Reg lists the market positions of the undertakings as a factor in merger assessment.

|-
|
| Restriction of Competition
| 1
| Article 4(2)(a) of the Concentration Reg says that the Director must make a determination based on the need to maintain effective competition.

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

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

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- 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
| 0
|

|-
|
| Efficiency Defense
| 0
|

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

|-
|
| 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 />