Malta (2007)

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Score = 20

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”);

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”).

Category	Subcategory	Score	Comment
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.
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.
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 allow in camera hearings, provided that the initiating party and defendant have the right to be heard in the proceedings.
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
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 9(2)(c) of the Competition Act prohibits limiting production or markets.
	Abusive Acts	1	Article 9(1) of the Competition Act prohibits abusive acts by dominant undertakings.
	Price Setting	1	Article 9(2)(a) of the Competition Act prohibits price setting.
	Discriminatory Pricing	1	Article 9(2)(e) of the Competition Act prohibits discriminatory pricing.
	Resale Price Maintenance	0
	Obstacles to Entry	1	Article 9(2)(d) of the Competition Act prohibits eliminating competitors.
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Article 5(1)(a) of the Competition Act prohibits price fixing. Article 5(1)(b) prohibits discriminatory pricing.
	Tying	1	Article 5(1)(e) of the Competition Act prohibits tying.
	Market Division	0
	Output Restraint	1	Article 5(1)(b) of the Competition Act prohibits limiting and controlling production.
	Market Sharing	1	Article 5(1)(c) of the Competition Act prohibits market sharing.
	Eliminating Competitors	0
	Collusive Tendering/Bid-Rigging	0
	Supply Refusal	0
	Efficiency Defense	1	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