Malta (2007)
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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”)[1];
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”). [2]
| 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[3] 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 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. | |
| 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
- ↑ Statute from the Malta Ministry of Justice, at http://docs.justice.gov.mt/lom/legislation/english/leg/vol_10/chapt379.pdf
- ↑ Statute from the Malta Ministry of Justice, at http://docs.justice.gov.mt/lom/Legislation/English/SubLeg/379/08.pdf
- ↑ These can be found on pp. 15-16 of the Competition Act