Competition Law
Competition Law
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Competition Law
COMPETITION LAW
Article 5(1) prohibits any agreement between undertakings, any decision by an association of undertakings and any concerted practice between undertakings having the object or effect of preventing, restricting or distorting competition within Malta. Article 5 provides a non-exhaustive list of agreements, decisions or practices which are prohibited under the Competition Act and which are consequently ipso jure null and unenforceable. This list covers agreements, decisions or practices which:
directly or indirectly fix the purchase or selling price or other trading conditions;
limit or control production, markets, technical development or investment;
share markets or sources of supply;
impose the application of dissimilar conditions to equivalent transactions with other parties outside such agreement, thereby placing them at a competitive disadvantage; and
make the conclusion of contracts subject to the acceptance by the other parties of supplementary obligations, which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
In terms of Article 5(3), the provisions of Article 5(1) do not apply in the case of any agreement between undertakings, any decision by an association of undertakings or any concerted practice that satisfies the following four cumulative conditions:
it contributes towards the objective of improving production or distribution of goods or services or promoting technical or economic progress;
it allows consumers a fair share of the resultant benefit;
it does not impose on undertakings concerned any restriction which is not indispensable to the attainment of the said objective; and
it does not give the undertakings concerned the possibility of eliminating or significantly reducing competition in respect of a substantial part of the products to which the agreement, decision or concerted practice refers.
Article 101 of the TFEU also applies where any agreement between undertakings, any decision by an association of undertakings or any concerted practice may appreciably affect trade between Malta and anyone more Member States.
Sections
COMPETITION LAW
COMPETITION LAW
Article 5(1) prohibits any agreement between undertakings, any decision by an association of undertakings and any concerted practice between undertakings having the object or effect of preventing, restricting or distorting competition within Malta. Article 5 provides a non-exhaustive list of agreements, decisions or practices which are prohibited under the Competition Act and which are consequently ipso jure null and unenforceable. This list covers agreements, decisions or practices which:
directly or indirectly fix the purchase or selling price or other trading conditions;
limit or control production, markets, technical development or investment;
share markets or sources of supply;
impose the application of dissimilar conditions to equivalent transactions with other parties outside such agreement, thereby placing them at a competitive disadvantage; and
make the conclusion of contracts subject to the acceptance by the other parties of supplementary obligations, which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
In terms of Article 5(3), the provisions of Article 5(1) do not apply in the case of any agreement between undertakings, any decision by an association of undertakings or any concerted practice that satisfies the following four cumulative conditions:
it contributes towards the objective of improving production or distribution of goods or services or promoting technical or economic progress;
it allows consumers a fair share of the resultant benefit;
it does not impose on undertakings concerned any restriction which is not indispensable to the attainment of the said objective; and
it does not give the undertakings concerned the possibility of eliminating or significantly reducing competition in respect of a substantial part of the products to which the agreement, decision or concerted practice refers.
Article 101 of the TFEU also applies where any agreement between undertakings, any decision by an association of undertakings or any concerted practice may appreciably affect trade between Malta and anyone more Member States.
Antitrust Decisions
SECTOR INQUIRIES
SECTOR INQUIRIES
Sector inquiries are those investigations carried out by the Office for Competition into particular sectors of the economy and into types of agreements across various sectors, where it believes the trend of trade, the rigidity of prices or other circumstances suggest that competition may be restricted or distorted. The Office uses the information obtained in an inquiry so as to understand a particular market better and assess the market from a competition law perspective.
A sector inquiry is a comprehensive economic and regulatory investigation, that analyses in depth the dynamic of competition in a market, identifying existing competition issues and where appropriate, making recommendations to address the competition concerns.
Final Report of the Sector Inquiry on the Supply of Infant Milk Formula in the Public Health Sector and the Impact of that Supply on the Private Retail Market for: (i) from Birth Infant Formula, (ii) Follow-On Formula, and (iii) Toddler Milk or other Formula for the Period 2013-2019
Preliminary Report of the Sector Inquiry on the Supply of Infant Milk Formula in the Public Health Sector and the Impact of that Supply on the Private Retail Market for: (i) from Birth Infant Formula, (ii) Follow-On Formula, and (iii) Toddler Milk or other Formula for the Period 2013-2019
Interest rates charged on loans to small and medium-sized enterprises
Supply of School Uniforms
Antitrust Decisions