Talk:Malta (February 1, 1995)

Malta 1995 Divestiture

This seems to allow the commission to make structural changes, that would count as divestiture, correct?

Article 13 -

(2) The power to issue a cease and desist order or a compliance order in cases of infringements as defined in article 12A(2) and (3) shall rest solely with the Commission.

(3) Any behavioural or structural remedies set out in a compliance order shall be proportionate to the infringement committed and necessary to bring the infringement effectively to an end.

(4) Structural remedies set out in a compliance order may be imposed only where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy.

--AchalOza 16:36, 11 July 2007 (EDT)

(3) Looks like splitting-up the company, alright, but only doing so in order to end the abusive behavior. Makes sense as a divestiture in my opinion. --JWSchneider 16:16, 12 July 2007 (EDT)

Malta 1995 Merger - Restriction of Competition

This seems to allow the Commission the power to block a merger which would result in a restriction of competition.

Article 32 - "The Minister may . . . prescribe rules for the control of concentrations including concentrative joint ventures which may prevent, restrict or distort competition within the relevant market."

--AchalOza 16:44, 11 July 2007 (EDT)

I'd say this is a GO under Merger Assessment - Restricting Competition for sure. --JWSchneider 16:19, 12 July 2007 (EDT)

Malta 1995 - RTP Eliminating Competitors

Would this code as one for eliminating competitors?

Article 5(1)(b) - "[It is prohibited where an agreement] imposes the application of dissimilar conditions to equivalent transactions with other parties outside such agreement, thereby placing them at a competitive disadvantage;"

--AchalOza 16:49, 11 July 2007 (EDT)

Sounds more like discriminatory pricing to me. I'd ask Hylton. --JWSchneider 16:20, 12 July 2007 (EDT)

Hylton: don't count this as eliminating competitors. However, attach a note to price fixing saying they also prohibit discriminatory pricing.

--AchalOza 10:39, 13 July 2007 (EDT)

Malta 1995 Dom. Obstacles to Entry

This sounds like a prohibition for a dominant firm to take actions that would eliminate competitors, wouldn't that count as a prohibition against setting obstacles to entry?

Article 9(2)(d) - "[It is prohibited for a firm in a dominant position to] refuse to supply goods or services indiscriminately in order to eliminate a trading party from the relevant market to the prejudice of consumers;"

--AchalOza 16:53, 11 July 2007 (EDT)

I'd say this is more on the side of eliminating competitors than preventing them from entering the market. --JWSchneider 16:22, 12 July 2007 (EDT)

Hylton: because there is no "eliminating competitors" box under dominance, include this as an "obstacle to entry." Include a comment that the statute only prohibits "eliminating competitors." Also, update the definition to include "eliminating competitors."

--AchalOza 10:51, 13 July 2007 (EDT)