Malta (February 1, 1995)
Score = 11
Governed by: Chapter 379 Competition Act of 1 February 1995, last amended III. 2004 125[1] (hereinafter referred to as “Competition Act”).[2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 3 defines “relevant market” as localities located either inside or outside Malta. |
| Remedies | Fines | 1 | Article 21 provides guidelines for fining. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 13 allows the commission to force structural remedies on a firm. | |
| 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 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | Article 32 allows the Minister to prescribe rules for the control of mergers including concentrative joint ventures which may prevent, restrict or distort competition within the relevant market. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| 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 | ||
| 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
- ↑ The changes in the 2004 amendments refer only to various exemptions that are not dealt with in this particular study.
- ↑ Malta Ministry for Competitiveness and Communications website, http://docs.justice.gov.mt/lom/legislation/english/leg/vol_10/chapt379.pdf.