Competition law is designed to keep markets fair and competitive. When businesses compete properly, consumers benefit through better prices, greater choice, improved quality, and innovation. Competition law aims to prevent practices such as collusion, market sharing, or abuse by dominant firms.
Competition law in Malta is enforced through a dual system involving the Office for Competition and the Civil Court (Commercial Section). The Office investigates suspected breaches, while the Court issues binding decisions and may impose penalties.
The Office for Competition investigates antitrust cases and reviews mergers and acquisitions that fall within the relevant legal thresholds. It can investigate suspected breaches of Maltese and EU competition law and bring proceedings before the Civil Court.
No. The Office does not set or control prices. Prices are generally determined by the market. The Office’s role is to protect fair competition so that prices reflect genuine market conditions.
Yes. The Office acts independently and without direction or control from other persons or authorities when carrying out its legal responsibilities.
A complaint must be made in writing and should clearly request that an investigation be carried out. You can contact the Office for Competition to arrange a meeting or send the complaint by email.
The Office has legal powers to request information and documents, conduct inspections, and summon representatives for interviews. If it believes competition rules may have been broken, it may file a sworn application before the Civil Court, which then decides the case and may impose penalties.
If the Court finds an infringement, it may declare that a breach occurred, impose remedies, and issue a penalty of up to 10% of the undertaking’s total worldwide turnover in the preceding business year.
Yes. The law provides for both. A settlement may resolve the case by agreement and may still involve a formal finding of infringement and a penalty. A commitments procedure may allow undertakings to offer measures that address the competition concerns. If accepted, the Court may make those commitments binding without imposing a penalty and without deciding whether an infringement actually took place.
Yes. The Director General may grant immunity from penalties to the first applicant for leniency who reports its involvement in a secret cartel and meets the legal conditions. Other qualifying applicants may receive a reduction in penalties.
There is no fixed timeframe. The duration depends on factors such as the complexity of the case, the quality of the complaint, the scope of the allegations, and the level of cooperation from the parties involved.
Yes, but only by the Civil Court (Commercial Section). In urgent cases, and where there is a risk of serious and irreparable harm to competition, the Court may issue interim measures on the request of the Director General.
A concentration includes mergers, acquisitions, and certain joint ventures that operate as independent businesses on a lasting basis. These transactions may need to be reviewed by the Office for Competition.
A concentration must be notified when the legal turnover thresholds are met. In general, this applies where the undertakings concerned had a combined turnover in Malta above the statutory threshold in the previous financial year, and each relevant undertaking met the required share of that turnover. Notification must be made before implementation and within the legal deadline after the agreement or acquisition takes place.
The Form CN is the official form used to notify a proposed concentration to the Office for Competition.
If the concentration is not expected to harm competition, it may be approved. If competition concerns arise, the parties may offer commitments to address them. If the concerns cannot be resolved, the concentration may be prohibited.
Some cases may qualify for a simplified procedure and be cleared within 4 weeks. A standard Phase I review must normally be completed within 6 weeks from complete notification, although this may be extended in certain situations. If a Phase II investigation is opened, the decision must generally be issued within 4 months, subject to limited suspension where remedies are proposed.
A standard is a document that sets out agreed requirements or characteristics for a product, service, or process, such as safety, dimensions, or performance.
Standards are developed by experts working in technical committees. These committees usually include representatives from industry, consumers, public authorities, academics, and other interested parties.
In Malta, the national standardisation body is MCCAA. It validates and publishes standards in line with internationally accepted procedures.
European
Anyone with relevant technical knowledge may volunteer to contribute through a technical committee.
Yes, where there is enough local interest to form a technical committee. If no local committee exists, interested parties may still contact MCCAA to follow developments and provide feedback.
Not usually. Standards are generally voluntary unless they are made mandatory by law or by contract.
When there is interest in developing a national standard, MCCAA sets up a technical committee. Once consensus is reached, the draft is published for public comment. After comments are reviewed and any changes agreed, the standard is adopted and announced in the Government Gazette.
Certification bodies often use standards to assess whether a product, service, or management system meets specified requirements. If it does, a certificate may be issued.
Yes. MCCAA offers certification in a number of areas, including quality and environmental management systems, occupational health and safety, organic farming, motor vehicle repair, language travel providers, pest management systems, EMAS, and EcoLabel.
An organisation interested in certification should contact the Standardisation Directorate by email to receive guidance on the application and certification process.
Yes. MCCAA is internationally recognised by UKAS for certain certification services and is regularly assessed to ensure it meets the required standards.
