The Competition Act (Chapter 379 of the Laws of Malta), which is mainly based on European legislation, came into force in 1995 with subsequent amendments coming into force in 2001 and 2004. Closely connected to the Competition Act is the Malta Competition and Consumer Affairs Authority Act (Chapter 510 of the Laws of Malta) which establishes an Authority set up for the attainment and maintenance of well-functioning markets for the benefit of consumers and economic operators alike.
The law clearly states that in the interpretation of the Act, the Appeals Tribunal shall have recourse to the judgements of the Court of Justice of the Europe Union and to relevant decisions and statements of the European Commission, including interpretative notices on the relevant provisions of the Treaty on the Functioning of the European Union (TFEU) and secondary legislation relative to competition and may also refer to its previous decisions.
Local legislation cannot therefore be taken in isolation as although the main aim of the Competition Act is to regulate competition and provide for fair trading in Malta, in the EC one of the main objectives of the treaty is to create a common market.
Accordingly, within the ambit of the Competition Act, Legal Notices, the EC Treaty and EC case-law our team of dedicated lawyers offer advice on all aspects of competition law particularly the two main pillars, namely (i) the prohibition of agreements, decisions and concerted practices which restrict or distort competition; and (ii) the abuse of a dominant position.
