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Maltese Laws |
COMPETITION ACT
To regulate competition, enable the application of Council Regulation
(EC) 1/2003 and provide for fair trading in Malta.
1st February, 1995
ACT XXXI of 1994, as amended by Acts XXVIII of 2000, IV of 2003 and
III of 2004; Legal Notice 425 of 2007; and Act VI of 2011.
Amended by: III. 2004.125.
"Appeals Tr ibunal" means th e C o mpetition and C onsumer Appe als T r ibunal as establis h e d b y articl e 31 of th e
Malta Competition and Consumer Affairs Authority Act;
"association of undertakings" means a body of persons (whether incorporated or not) which is formed for the purpose of furthering
the trade interest of its members or of persons represented by its members;
"th e Board" m ean s the Board of Governo rs as est abl ished by article 8 of the Malta Competition and Consumer Affairs
Authority Act;
"Director General" means the Director General (Competition) as appointed by article 13 of the Malta Competition and Consumer
Affairs Authority Act;
"dominant position" means a position of economic strength held by one or more undertakings which enables it or them to prevent
effective competition being maintained on the relevant market by affording it or them the power to behave, to an appreciable extent,
independently of its or their competitors, suppliers or customers;
"European Com mission" means the European Commission as established by article 13 of the Treaty on European Union;
"group of undertakings" includes:
Short title.
Interpretation. Amended by: XXVIII. 2000.2; III. 2004.126; VI. 2011.121. Cap. 510.
Cap. 510.
Cap. 510.
(a) | the undertaking concerned; | |
(b) | those undertakings in which concerned, directly or indirectly: | the undertaking |
- owns more than half the capital or business
assets; or
- has the power to exercise more than half the voting rights; or
- has the power to appoint more than half the members of the board of directors or other body or bodies legally representing
the undertakings; or
- has the right to manage the undertakings’ affairs; (c) those undertakings which have in the undertaking
Cap. 510.
Cap. 378.
concerned the rights or powers listed in paragraph (b); (d) those undertakings in which an undertaking as referred
to in paragraph (c) has the rights or powers listed in paragraph (b);
(e) those undertakings in which two or more undertakings as referred to in paragraphs (a) to (d) jointly have the rights or powers listed in paragraph (b);
"Member St ates" means all Member St ates of the European
Union;
"Mi n ister" means th e Mini st er r e spo n sible for com p etit ion matters;
"National Competition Authority" means a national competition authority as designated in term s of Article 35(1) of Council
Regulation (EC) 1/2003;
"Off ice"mea n s the Office for Co mp et it io n as e s tab l i s he d by article 13 of the Mal t a Co mpet it io n an
d Con s umer Af fair s Authority Act;
"President" means the President of the Appeals Tribunal; "product" includes goods and the supply of services;
"qualified entity" shall have th e same meaning assigned to it under article 2 of the Consumer Affairs Act;
"relevant m arket" means the market for th e product whether within Malta or limited to any particular area or locality
within Malta, or ou tsid e Malta, and whether or not rest ricted to a particular period of time or season of the year;
"restrictive practice" means an agreement between undertakings, a decision by an association of undertakings or a concerted
practice prohibited under article 5 of this Act or Article 101 of the TFEU an d, or an ab use b y on e or mor e un dert ak in gs
of a do min ant position prohibited under article 9 of this Act or Article 102 of the TFEU;
"TFEU" means the Treaty on the Functioning of the European
Union;
"turnover" means the total turnover of an undertaking realised during the preceding financial year on the affected market;
"undertaking" means any person whether an individual, a body co rp orate or uni nco r p o rat e o r any ot her ent ity,
p u rsui ng an economic activity, and includes a group of undertakings.
Responsibility of the Director General. Amended by: XXVIII. 2000.3; III. 2004.127. Substituted by: VI. 2011.122. Cap. 510.
3. The Director General shall have the exclusive competence to apply the provisions of this Act and for this purpose he shall exercise
the responsibilities vested in the Office for Competition under article 14 of the Malta Competition and Consumer Affairs Authority Act and under this Act:
Provided that the Director General may delegate any of his powers to any officer or employee of the Authority.
4. (Deleted by Act VI. 2011.123.).
Establishment of Commission. Amended by: XXVIII. 2000.4; III. 2004.128.
Prohibited agreements and practices. Amended by: XXVIII. 2000.5; III. 2004.129; VI. 2011.124.
(a) directly or indirectly fixes the purchase or selling price or other trading conditions; or
(b) limits or controls production, markets, technical development or investment; or
(c) shares markets or sources of supply; or
(d) imposes the application of dissimilar conditions to equivalent transactions with other parties outside such agreement,
thereby placing them at a competitive disadvantage; or
(e) makes 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.
(2) Agreements or decisions prohibited in accordance with subarticle (1) shall be ipso jure null and unenforceable.
(3) The provisions of subarticle (1) shall not apply in the case of -
(a) any agreement between undertakings; or
(b) any decision by an association of undertakings; or
(c) any concerted practice,
which contributes towards the objective of improving production or d i stri bu tio n o f g ood s or serv ices or promo t i ng tech
nical o r economic progress and which allows consumers a fair share of the resultant benefit and which does not:
(i) impose on undertakings concerned any restriction which is not indispensable to the attainment of the
said objective; or
(ii) 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.
(4) The undertaking or association of undertakings claiming the benefit of subarticle (3) shall bear the burden of proving that
the conditions of that subarticle are fulfilled.
(5) Article 101 of the TFEU shall also apply where any agreements between undertakings, any decision by an association
of undertakings or any concerted practice may appreciably affect trade between Malta and any one or more Member States.
(6) The application of subarticles (1), (2) and (3) shall not be deemed to in clude the prohibition of agreements, decisions by
ass ociations of undertakings or concerted practic es which may affect trade between Member St ates but wh ich do no t restrict competition
within the meaning of Article 101(1) of the TFEU or which fulfil the conditions of Article 101(3) of the TFEU, or which are covered
by a Regulation for the application of Article 101(3) of the TFEU.
Agreements, etc., where impact is minimal. Substituted by: XXVIII. 2000.6. Amended by:
III. 2004.130.
(2) In determining whether such impact is or is not minimal, consideration shall be given to all relevant circumstances including
the agg r egate share of al l the undertakings concerned of th e relevant market.
(3) The foregoing provisions of this article shall not apply where in a re le va nt marke t comp etition is restricted
by the cu mu la ti v e ef f ect o f par a l l e l netw orks of sim i l a r agreement s established by several undertakings.
Certain agreements, etc., may be declared exempted. Amended by: XXVIII. 2000.7.
General exemptions. Substituted by: XXVIII. 2000.8. Amended by:
III. 2004.132; VI. 2011.125.
7. (Deleted by Act III. 2004.131).
(2) The regulations referred to in subarticle (1) shall only be made where the agreement, decisions or concerted practice satisfy
the requirements mentioned in article 5(3).
(3) Without prejudice to the provisions of subarticle (2) the Minister may in such regulations make an exemption subject to
such conditions and limitations as he may deem appropriate.
Abuse of dominant position.
Amended by: XXVIII. 2000.9;
III. 2004.133; VI. 2011.126.
(2) Without prejudice to the generality of the provisions of subarticle (1), one or more undertakings shall be deemed to
abuse of a dominant position, where it or they -
(a) directly or indirectly impose an excessive or unfair purchase or selling price or other unfair trading conditions;
(b) limit production, markets or technical development to the prejudice of consumers;
(c) apply dissimilar conditions, including price discrimination to equivalent transactions with different trading
parties, thereby placing any or some of the trading parties at a competitive disadvantage;
(d) make the conclusion of contracts subject to the acceptance by the other party of supplementary obligations
which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
(3) For the purpose of determining whether the purchase or selling price is excessive or unfair, all relevant factors shall
be considered and in particular:
(a) the price charged for the product (in absolute terms); (b) the percentage increase or increases in the price over
the long and short term;
(c) the relationship between the price and the cost of the product;
(d) the period of time for which the price has been charged;
(e) the economic value of the product;
(f) the importance of the product to consumers;
(g) the economic or other risks associated with bringing the product to the market;
(h) the investment of capital and other resources necessary to bring the product to the market;
(i) the expected, probable or possible changes in the market for the product; and
(j) the price charged for the product by other undertakings in Malta and by the same or other undertakings in other analogous
markets.
(4) Article 102 of the TFEU shall also apply where any abuse by an undertaking may affect trade between Malta and any one or more
Member States.
10. (Deleted by Act III. 2004.134).
11. (Deleted by Act XXVIII.2000.11).
Negative clearance. Substituted by: XXVIII. 2000.10.
Price orders. Inquiries into
sectors of the
economy and into
types of
agreements.
Added by:
VI. 2011.127.
necessary for the application of articles 5 and 9 of the Act and A r ti cles 1 01 an d 1 02 of the TFEU and may carry out any inspections
necessary for that purpose.
(2) For the purposes of subarticle (1), article 12 shall mutatis mutandis apply.
(3) The Director General may in particular request the un dertakin gs or asso ci at ion o f und ertakings concerned
to communicate to him all agre ements, de cisions a n d c oncerted practices.
(4) The Director General may publish a preliminary report on the results of the inquiry into particular sectors of the economy
or particular types of agreements across various sectors and invite comments from interested parties before publishing the final
report.
(5) Any person, undertaking or association of undertakings that does not comply with the request of the Director General in terms
of subarticles (1) and (3), within the time-limits imposed by the D ir ect o r Ge ner al sh al l, wi th ou t prejudice to any ot
her liability under this Act or any other law, commit an infringement of this Act.
Investigations. Amended by: XXVIII. 2000.12; III. 2004.135;
VI. 2011.121, 128.
Cap. 510.
(2) During the course of any investigation carried out by the Office in accordance with subarticle (1), the Director General may
request any undertaking or association of undertakings to furnish him with any information or document in its possession which the
Director General has reason to believe is relevant to the matter under investigation, within such time as in the circumstances of
the investigation the Director General may consider reasonable:
Provided that nothing in this subarticle may be construed as authorising the Director General to order the production of any document
or the d i sclosur e of any in formati on whi c h may b e subject to the duty of professional secrecy.
(3) When sending a request for information to an undertaking or association of undertakings, the Director General shall state the
legal basis and the purpose of the request, specify what information is required and fix a time-limit within which the information
is to be provided and indicate the administrative fines provided for in articles 21(4), (5) and (6).
(4) Where undertakings and associa-tions of undertakings sub m it information which contains business secrets or ot her
confidential information, article 29 of the Malta Competition and Consumer Affairs Authority Act shall apply.
(5) Any undertaking that shows that its operations are directly affected by the investigation being carried out by the Director
G e neral, any association of undert akings, any person or any registered consumers’ association claiming that it or its members
are being adversely affected by, any breach of the provisions of this Act constituting the subject-matter of those investigations,
may request in writing to make submissions before the Director General at any stage thereof and the Director General shall accede
to the request if he considers it justified and determine the manner in which such submissions shall be made.
(6) In the course of any investigation the Director General may receive written or verbal statements from any person, as well as
make copies of any document produced to him, and the record of s u c h st ate m en ts a nd s u c h c o p i es d u ly att e s t e
d b y th e Dire ct or G e neral shal l be prod uci b le as evidence before the Ap peals Tribunal and before any court of law:
Provided that, and without prejudice to subarticle (7)(a), in the case of a natural person, not being an undertaking or a director, manager, secretary or other similar officer of an undertaking
or association of undertakings, statements may be taken only with his prior consent.
(7) (a) The Director General may, for the purpose of any investigation under this article, enter into and search any premises,
land and means of transport of undertakings and associations of undertakings, where he has reason to believe that information
relevant to the investigation may be found, and in the course of any such search may seize any object or document, or take extracts
or copies of documents, or order the non- removal of any object from any such premises, land an d means of transport, and in co
nnectio n wi th any such order may close and seal any or all parts of such premises, land or means of transport, or put any object
under seal and, or ask any representative or member of staff of the undertaking or association of undertakings co ncerned for an
explanatio n of fact s o r docum ents relating to the subj ect matter and purpose of t h e
inspection and record the answers.
(b) The officials carrying out an inspection under paragraph (a) shall exercise their powers upon production of a written authorisation signed by the Director General specifying
the subject-matter and purpose of the inspection and the penalties provided in article 21(4) and (5).
(8) (a) If a reasonable suspicion exists that books or other r e cords r e lated t o t h e busin ess and t o t h e su bject- m
a t t er of th e in specti on, wh ich may be r e l e vant t o prove a breach of articles 5 and, or 9, and, or Articles
101 and, or 102 of the TFEU, are being kept in any other premises, land or means of transport, including the homes of directors, managers
and other members of
st af f of t h e un dert aki n gs and associations of undertakings concerned, the Director General may, duly authorised by a
warrant issued by a Magistrate, order an inspection to be conducted in any such other premises, land and means of transport.
(b) The Magistrate, in deciding whether to issue a warrant under paragraph (a) shall ensure that the coercive measures envisaged are neither arbitrary nor excessive, having regard, in
particular, to the gravity of the suspected infringement, to the importance of the evidence sought, to the involvement of the undertaking
or association of undertakings concerned and to the reasonable likelihood that business books and records relating to the subject-matter
of the inspection are kept in the premises for which the warrant is requested.
(c) The warrant mentioned in paragraph (a) shall specify the subject-matter, purpose of the inspection, the date on which the inspection is to begin and the penalties provided
in article 21(4) and (5).
(d) The officials carrying out an inspection under this subarticle shall exercise their powers upon production of the warrant
mentioned in paragraph (a) and shall for the purposes of this subarticle be empowered to enter into and search any such premises, land and means of transport
and in the course of any such search, may seize any object or document, or take extracts or copies of documents, or order
the non-removal of any object from any such premises, land and means of transport.
(9) (a) In the course of any search as is referred to in subarticles (7) and (8), the Director General may request the assistance
of the Police and in such case the P o lice shall require a warrant fr om a Magi strate to assist the Director General in the search.
(b) Where police assistance is sought by the European Commission in terms of Article 20(6) of Council Regulation (EC) No 1/2003, a warrant from a Magistrate shall be required.
(10) In issuing a warrant enabling the European Commission to carry out an inspection in terms of Article 21 of Council Regulation
(EC) No 1/2 003 the Magi st rate shal l follo w th e pro v ision s of paragraph (3) thereof.
(11) In the course of an inspection under this article, the undertakings or association of undertakings or persons subject
to the inspection may be assisted by legal counsel or other advisers of their choice:
Provided that the right to such assistance shall not have the effect of suspending or delaying the inspection.
(12) The Director General shall always issue a receipt to the person on the premises or in control of any object that has been
seized. Anything which has been lawfully seized by the Director General and any order given by the Director General in accordance
with subarticle (7) may be retained or shall remain in force as long as it is considered necessary by the Director General.
(13) No search may be commenced on any premises after seven o ’ clock in the evening and before seven o’clock on the next fo
llo wi ng m orn in g, u nle ss th ere is r eason t o b eli eve th at d elay co uld cause the loss of information an d the search
is expressly authorized by the Director General or the Magistrate, as the case may be, to take place between the said times.
(14) Nothing in this article shall be deemed to detract from the powers of the Police under the Criminal Code or under any other law.
Cap. 9.
12A. (1) Where the Director General considers that an infringement of articl es 5 an d, o r 9 of th is Act and , or an infringement
of Articles 101 and, or 102 of the TFEU may have occurred, he shall notify each of the parties concerned in writing of t h e ob
je cti ons rai s e d ag ai ns t t h e m in ac c o rd an ce wi th the provisions of article 64 of the Malta Competition and Consumer Affairs Authority Act, and shall set a time-limit within which they may inform him in writing of their submissions, and the parties concerned may in
their written submissions set out all facts known to them which are relevant to their defence against the objections raised by the
Di rector General an d shal l attach any relevant documents as evidence thereof.
(2) (a) Where the Director General issues a statement of objections relating to a matter in respect of which he has received a
c o mplaint, he shall provide the com p l a ina n t wi th a co py of the non-confidential version of the statement of objections.
(b) Paragraph (a) shall not apply where the settlement procedure under article 12B is underway, so however that the Director General shall
inform the complainant in writing of the nature and subject-matter of the procedure.
(c) Under paragraphs (a) and (b), the Director General shall set a time-limit within which the complainant may make known his views in writing.
(3) (a) The Director General shall give the parties to which he has issued a statement of objections as referred to in subarticle (1) and
the complainant the opportunity to develop their arguments verbally, if they so request in their written submissions.
(b) The Director General may, where appropriate, invite any other person to express his views in writing within the time-limit set
by the Director General, and may give any such other person the opportunity to submit his views verbally if he so requests
in his written submissions.
Finding of an infringement by Director General. Added by:
XXVIII. 2000.13. Substituted by: III. 2004.136;
VI. 2011.129.
Cap. 510.
Cap. 12. Cap. 12.
(4) Without prejudice to the right of the persons mentioned in sub articl e (3) to requ est a separate and i ndivi dual meeti
ng, the Director G e neral may also, on his own init iativ e, and , as he considers appropriate, invite some or all of the parties
who have subm itt ed writ ten observ a t i o n s i n terms o f su barti c le (3 ), t o a m e eti n g w h ere b y t h ey m a y de
ve lo p t h e i r argu m e n t s a n d ma ke counter-submissions in each other ’s presence and reply to questions posed by the
Director General:
Provided that during such meeting, the Director General shall ensure that due regard is given to the protection of business secrets
and other confidential information.
(5) The parties notified with a statement of objections as referred to in subarticle (1) shall be entitled to have access
to the file concerning their case following such notification, without prej udi ce to th e no n- discl o sur e of in for m at io
n or do cu ments identified by the Director General as containing business secrets or o th er conf id ent ial in fo rm at ion , or
o f in ter nal do cum ent s o f the D i rector G e neral o r of th e Co m p eti tio n Aut horit ies o f oth e r Member States.
(6) Where, upon the conclusion of an investigation, it results to the Director General that the agreement, decision, concerted
practice or conduct investigated is in breach of the provisions of articles 5 and, or 9 of this Act and, or in breach of Articles
101 and, o r 10 2 o f th e TFEU, he sh al l i s sue a decision fi ndin g an infringement, giving his reasons therefor:
Provided that the Director General shall base his decisions under this subarticle only on objections contained in the statement of
objections referred to in subarticle (1).
(7) In the interpretation of this Act and in the exercise of his responsibilities, in particular in the formulation of his decisions,
orders and reports, the Director General shall have recourse to the judgements of the Court of Justice of the European Union, and
to relevant decisions and statem ents of the European Comm ission including interpretative notices on the relevant provisions of
the TFEU and secondary legislation relative to competition and may refer to his decisions and those of the Appeals Tribunal.
(8) Upon notification of a decision of the Director General as referred to in subarticle (6) such decision shall, without prejudice
to the right of appeal under article 13A, constitute an executive title for all effects and purposes of Title VII of Part I of Book
Second of the Code of Organization and Civil Procedure:
Provided so however that, notwithstanding the provisions of article 256(2) of the Code of Organization and Civil Procedure, the executi
ve ti tle r e ferred to in th is sub a rt icle shall no t b e enforceable before the lapse of twenty days from notification of
the decisio n to th e u ndert akin g or associati o n of u nder t aki ngs concerned in accordance with article 19(1).
(9) Any decision of the Director General may be revised or altered by the Director General where it results that:
(a) the information upon which it was based had been
false, misleading or incomplete; or
(b) market conditions have changed significantly.
Provided that the Director General shall not be obliged to take into account replies received after the expiry of that time-limit.
(2) Where two or more undertakings within the same economic entity indicate their willingness to engage in settlement discussions
pursuant to subarticle (1), they shall, by the end of the time-limit set by the Director General appoint a joint representative to
engage in discussions with the Director General on their behalf:
Provided that when setting the time-limit pursuant to subarticle (1), the Director General shall indicate to the relevant undertakings
forming part of the same economic entity that the appointment of a joint representative shall be made for the sole purpose of
fulfilling the requirement prescribed by this subarticle and that it shall have no bearing on the allocation of liability for the
infringement amongst the different undertakings within the said economic entity.
(3) Undertakings or association of undertakings taking part in settlement discussions may be informed by the Director General of:
(a) the objections he envisages to raise against them;
(b) the evidence used to determine the envisaged objections;
(c) non-confidential versions of any specified accessible document listed in the case file at that point in time; and
(d) the range of potential fines:
Provided that in the case of paragraph (c) access may only b e granted upon request by t h e und ertaking or association of undertakings concerned and where such request
is necessary to enable the party to ascertain its position regarding a time period or any other particular aspect of the cartel.
(4) When introducing their settlement submissions the un derta k i ngs or associ at io ns o f u n d e rt ak in
gs t a k i n g part in settlement discussions shall confirm to the Director General that they will only request access to the file
and leave to submit their views verbally after the receipt of the statement of objections, if the st at ement of objectio ns does
no t reflect t h e conten ts of their
Settlement procedure in cartel cases.
Added by:
VI. 2011.130.
settlement submissions.
(5) The information given pursuant to subarticle (3) shall be confidential vis-à-vis third parties, save where the Director General
has given a prior explicit authorization for disclosure.
(6) Should settlement discussions progress, the Director General may set a time-limit within which the parties may commit
to follow the settlement procedure by introducing settlement submissions reflecting the results of the settlement discussions and
acknowledging their participation in an infringement of article 5, and, or Article 101 of the TFEU as well as their liability:
Provided that, before the Director General sets a time-limit to introduce their settlement submissions, the parties concerned shall
be entitled to have the information specified in subarticle (3) disclosed to them, upon request, in a timely manner:
Provided further that the Director General shall not be obliged to take into account settlement submissions received after
the expiry of that time-limit.
(7) When the statement of objections notified to the parties reflects the contents of their settlement submissions, the written
rep l y t o t h e st at em e n t of ob j ect i o n s by th e un d e rt ak in gs o r association of undertakings concerned shall,
within a time-limit set by the Director General, confirm that the statement of objections a d dressed to them reflects the con t
ent s of th ei r sett lement submissions.
(8) Subject to the provisions of subarticle (7), the Director General may then proceed to the adoption of a decision pursuant
to article 12A:
Provided that the Director General may reward the undertakings or association of un der t ak in gs con cern e d fo r
t h e settlement by reducing by ten per centum the amount of the fine to be imposed.
(9) The fact that an undertaking co-operated with the Director General under this settlement procedure shall be indicated in the
final decision, so as to explain the reason for the level of the fine.
(10) The Director General may decide at any time during the pr ocedure t o disconti nue settlement discussio ns altogether in a specific
case or with respect to one or more of the parties involved, if he conside rs that procedural efficiencies are not likely to be achieved.
Commitments.
Added by:
VI. 2011.130.
proceedings where it results to him that:
(a) there has been a material change in any of the facts on which the decision was based; or
(b) the undertaking or association of undertakings concerned acted contrary to its commitments; or
(c) the decision was based on incomplete, incorrect or misleading information provided by the parties
(2) (a) Where the Director General intends to adopt a decision un der sub a rti c l e (1 ), h e sh al l pu bl i s h a con c i s e summary
of the case and the main contents of the commitments or of the proposed course of action.
(b) Interested third parties may submit their observations within the time-limit fixed by the Director General in the publication.
(c) The time-limit mentioned in paragraph (b) may not be less than one month.
(d) In the publication mentioned in paragraph (a) the Director General shall have regard to the legitimate interest of undertakings in the protection of business secrets or
other confidential information.
(3) Where any undertaking or association of undertakings fails to comply with or acts contrary to a commitment made binding by
a decision pursuant to subarticle (1), it shall without prejudice to any oth e r l i abi lit y u nder th is A c t or an y o t her
law, com m i t an infringement of this Act and the provisions of article 12A shall mutatis mutandis apply.
(2) Where the Director General intends to adopt a decision under subarticle (1), the provisions of article 12C(2) shall apply mutatis mutandis.
Finding of a non- infringement by the Director General.
Added by:
VI. 2011.130.
(2) Any behavioural or structural remedies set out in a co mpl i ance order shall be proportion a t e to t h e infrin gement committed and necessary to bring the infringement effectively to an end.
Cease and desist order and compliance order. Amended by: XXVIII. 2000.14. Substituted by:
III. 2004.136. Amended by:
VI. 2011.121, 131.
(3) Structural remedies set out in a compliance order may be i m p o sed o n ly where th ere i s no equal l y effectiv e behav i ou ral remedy or where any equally effective behavioural remedy would be more burden s ome for the u ndertaking concerned than th e structural remedy.
Appeals before the Appeals Tribunal. Added by:
III. 2004.136. Substituted by: VI. 2011.132.
(2) The appeal shall be notified to the Director General and the Director General shall file his reply thereto within twenty days
from the date of notification of the appeal.
(3) An appeal filed in accordance with subarticle (1) shall not have the effect of suspending the order, administrative fine and,
or daily penalty payment appealed from unless the Appeals Tribunal, upon a reasone d request by a party to the appe al, and after
considering the submissions of the Director General, suspends the order, administrative fine and, or daily penalty payment under
such conditions as it may deem fit, stating its reasons therefor, pending the final determination of the appeal.
(4) The Appeals Tribunal may either confirm in whole or in part or quash the decision and, or order of the Director General and
may confirm, revoke or vary the administrative fine and, or daily penalty payment imposed by the Director General within the limits
set in article 21, taking into account the gravity and duration of the
infringement as well a s any a g gravating or atte nuating circumstances.
(5) The Director General and any party to an appeal before the Appeals Tribunal who feels aggrieved by a decision of the Appeals
Tribunal may appeal on a question of law to the Court of Appeal by means of an application filed in the registry of that court within
twenty days from the date of the decision of the Appeals Tribunal.
Handling of complaints and the right of appeal. Amended by: XXVIII. 2000.15; III. 2004.137. Substituted by:
VI. 2011.132.
Provided that the complainant shall request in his complaint that an investi g ati on be carried out on the alleged rest ricted practices.
(2) Where the Director General considers that on the basis of the information in his possession there are insufficient grounds
for acting on a complaint , he shall inform the compl a in ant of hi s r easo ns and set a tim e-l imit within whi ch the complainant
may make known his views in writing. The Director General shall not be obliged to take int o accou n t any further writt en submission
received after the expiry of that time-limit.
(3) If the complainant makes known his views within the time-
by the com plainant do not lead to a different assessment of the co mp lai n t , th e Dir e ct or Gener a l shal l rej e ct th e co
mpl a in t b y decision.
(4) If the complainant fails to make known his views within the ti m e -lim it set by the Director General, th e complaint shall
be deemed to have been withdrawn.
(5) Where the complainant does not agree with the decision of the Director Gene ra l ac cording to sub a rt icle ( 3 ) or wit h
the Director G en eral ’s finding of a no n-infringem ent according to article 12D, he may appeal by application filed before the
Appeals Tribunal within twenty days of notification thereof in accordance with article 19(1).
(6) Where, upon appeal by the complainant, the Appeals Tr i bun al does not u pho ld th e deci sio n o f the Di rect or
Gen e ral rejecting a complaint according to subarticle (3), it shall inform the Director General accordingly who shall thereupon
commence the investigation.
(7) Where, upon an appeal by the complainant, the Appeals Tribunal does not agree with the finding of the Director General
of a non-infringement according to article 12D, and finds that there is an infringement, it shall issue a decision accordingly and
remit the decision to the Director General who shall take any measure he may d e em fit in acco rdance with the pro v ision s of
th is Act i n respect of the said infringement.
(8) Any party to an appeal before the Appeals Tribunal, including the Director General, who feels aggrieved by a decision
of th e Appeals Tr ibunal i s sued in terms of su barticle (7 ) m a y appeal on a question of law to the Court of Appeal, by means
of an application filed in the registry of that court within twenty days from the date of the deci sion of the A ppeals Tr ib unal,
and t h e pr ovisions of subarticle (7) shall mutatis mutandis apply to the Court of Appeal.
(9) Any decision of the Appeals Tribunal concerning an appeal from a decision of the Director General under subarticle (3) shall
be final.
(10) An appeal made under this article shall not have the effect of suspending any decision on which an appeal is sought.
(a) the structure of the market concerned or any aspect of that structure;
(b) any conduct, whether or not in the market concerned, of one or more than one person who supplies or acquires goods or
services in the market concerned; or
(c) any conduct relating to the market concerned of customers of any person who supplies or acquires
Complaints of general interest. Added by:
VI. 2011.133.
goods or services,
is or appears to be significantly harming the interests of consumers. (2) The Director General must, within ninety days after the
day
on which he receives the complaint, publish a response stating how
he proposes to deal with the complaint, and in particular:
(a) whether he has decided to take any action, or to take no action, in response to the complaint; and
(b) if he has decided to take action, what action he proposes to take.
(3) The response must state the reasons of the Director General for his proposals.
(4) The Director General:
(a) shall issue guidance as to the presentation by the qualified entity of a reasoned case for the complaint; and
(b) may issue such other guidance as appears appropriate for the purposes of this article.
Suspension or termination of proceedings. Added by:
VI. 2011.133.
14B. (1) The Director General may suspend proceedings or reject a complaint in terms of Article 13 of Council Regu l a tion (EC) No 1/2003.
(2) Where the Director General rejects or suspends a complaint pursuant to subarticle (1), he shall inform the complainant without
delay of the competition authority which is dealing or has already dealt with the case.
Guidance letters.
Added by:
VI. 2011.133.
(2) The Director General shall consider it appropriate to issue a g u id ance l e tt er und er su bar ticl e ( 1 ) on ly if th
e f o ll owi n g cumulative conditions are fulfilled:
(a) the informal guidance requested is compatible with the enforcement priorities of the Office;
(b) the substantive assessment of an agreement or practice with regard to articles 5 and, or 9 of this Act and, or Articles 101
and, or 102 of the TFEU, poses a question of application of the law for which there is no clarification in the existing
Maltese and EU legal framework, in publicly available general guidance, in judgments or decisions or in previous guidance letters;
(c) a prima facie evaluation of the facts of the case suggests that clarification of the novel question through a guidance letter
will be useful, taking into account the following elements:
- the economic importance of the goods and
from the point of view of the consumer, and, or;
- the extent to which the agreement or practice shall be or is likely to be resorted to in the relevant market
or in other markets, and, or;
- the importance of the investments linked to the transaction in relation to the size of the companies concerned
and the extent to which the transaction relates to a structural operation such as the creation of a non-full function joint
venture; and
(d) it is possible to issue a guidance letter on the basis of the information provided and no further fact-finding measures by the
Director General need be undertaken.
(3) The Director General shall not consider a request for a guidance letter where:
(a) he is aware that the questions raised in the request are identical to or similar to issues raised in a case pending before a Maltese
Court or the Court of Justice of the European Union; or
(b) the agreement or practice to which the request refers is subject to proceedings pending before the Director General,
the Appeals Tribunal, the European Commission, and to the extent that he may be aware, pending before a Maltese Court,
the Court of Justice of the European Union or another Member State court or a national competition authority.
(4) The Director General shall not consider hypothetical questions or issue guidance letters on agreements or practices
that are no longer being implemented by the applicants:
Provided that undertakings may present a request for a gu ida nce let te r to t he Di rect or G en eral i n re lat io n to
qu esti on s raised by an agreement or practice before its implementation but following the conclusion of the agreement or practice
or where the undertakings are able to show to the satisfaction of the Director General that negotiations have reached a sufficiently
advanced stage for a request to be considered.
(5) A request for a guidance letter shall not have the effect of preventing the Director General, where he deems necessary, from
initiating an investigation under this Act with regard to the facts presented in the request.
(6) The request shall clearly state:
- the identity of all undertakings concerned or of the association of undertakings, as well as a single address for receipt
of the guidance letter;
- the specific questions on which the guidance is sought;
- full and exhaustive information on all points relevant for an informed evaluation of the questions raised, including
pertinent documentation;
- detailed reasoning why the request presents a novel question;
- all other information that permits an evaluation of the request in the light of the conditions mentioned in subarticles
(2) to (4), including in particular, a declaration that the agreement or practice to which the request refers is not
subject to proceedings pending before the Court of Justice of the European Union, a Maltese or other member state court
or before the European Commission or a national competition authority;
- a clear identification of any business secret or other confidential information; and
- any other information or documentation relevant to the individual case.
(7) The Director General shall evaluate the request on the basis of the information provi ded a nd, where availab l e, may use
additional information at his disposal from public sources, former investigations or any other source and may ask the applicants
to provide supplementary information:
Provided that in using the information provided by the app licants or such ot her add ition a l inf o rm ation , t h e Dir
e ct or General shall pay due regard to the protection of business secrets or other confidential information.
(8) Where the Director General considers that it is not appropriate to issue a guida n ce le tter or that a guidance
letter can not b e issued un der t h is articl e , th e Dir e ct or General sh all inform the applicant accordingly stating the reasons
therefor.
(9) Where the Director General has not yet issued a guidance letter, the applicant may withdraw its request at any stage:
Provided that where the request for a guidance letter is withdrawn in terms of this subarticle, the information supplied
in the con t ext of the request for guidan ce shall remain with the Director General and may be used in subsequent proceedings under
this Act.
(10) A guidance letter shall set out:
- a summary description of the facts on which it is based; and
- the principal legal reasoning underlying the understanding and assessment of the Director General on the
novel question relating to articles 5 and, or 9 of this Act, and, or Articles 101 and, or 102 of the TFEU raised in the request:
Provided that a guidance letter may be limited to part of the questi ons r a i s ed in the r e q u es t and ma y also include as pe
cts additional to those set out in the request.
Malta Competition and Consumer Affairs Authorit y Act, having regard to the legitimate interest of undertakings in the protection of business secrets or other confidential information:
Provided that, before issuing a guidance letter, the Director
General shall agree with the applicants on a public version.
(12) Where an agreement or practice has formed the factual basis fo r a g u i d anc e l e tte r, the Di rec t or G e neral
shal l not b e precluded from subsequently examining that same agreement or practice in a procedure under this Act, and in so doing,
the Director Gen e ral shall tak e t h e guid a n c e letter in to accou nt, sub j ect i n particular to changes in the underlying
facts, to any new aspects raised by a complaint, to developments in decisions and judgments on the application of articles 5 and,
or 9 of this Act and, or Articles
101 and, or 102 of the TFEU and to changes in the policies of the
Malta Competition and Consumer Affairs Authority.
(13) Guidance letters are not binding on the courts or on the Appeals Tribunal, although they may take them into account should they
deem fit.
Cap. 510.
(2) A copy of the decision ordering interim measures in accordance with subarticle (1) shall be notified to the undertaking
or association of undertakings under investigation in accordance with article 19(1), and such decision shall apply for a specified
period of time and may be renewed in so far as this is necessary and appropriate.
(3) The undertaking or association of undertakings concerned may appeal from a decision of the Director General as described in
suba rticle (1) by application filed be fore th e Appe als Tr ibun al with in twenty days from th e date upon which th e decision
was notified in accordance with article 19(1), and such appeal shall not hav e th e eff e ct o f su spending the interim measure
unless the Appeals Tribunal, after hearing the submissions of the undertaking or association of undertakings concerned and the Director
General, otherwise directs.
(4) Any decision of the Appeals Tribunal under this article shall be final.
Interim measures. Amended by: XXVIII. 2000.16. Substituted by:
VI. 2011.134.
15A. (Deleted by Act III. 2004.138).
15B. (Deleted by Act III. 2004.138).
Interim orders. Added by: XXVIII. 2000.17.
Director to abide by decisions of Commission. Added by: XXVIII. 2000.17.
Offences. Amended by: XXVIII. 2000.18. Substituted by: III. 2004.139.
Non-compliance with a cease and desist order and a compliance order. Substituted by: XXVIII. 2000.19. Amended by:
III. 2004.140. Substituted by:
VI. 2011.135.
Non-compliance with an interim measure. Amended by:
III. 2004.141. Substituted by:
VI. 2011.135.
Notification and publication. Amended by: XXVIII. 2000.20; III. 2004.142. Substituted by: VI. 2011.135. Cap. 510.
19. (1) Any decision or order of the Director General delivered in accordance with the provisions of this Act shall be
not ifi e d to th e parti e s co ncern e d and to th e co mplai n ant in accordance with article 64 of the Malta Competition and Consumer Affairs Authorit y Act, due regard being had to the protection of business secrets or other confidential information.
(2) The Appeals Tribunal and the Director General shall publish without undue delay the decisions or orders taken under
t his A ct and in doi ng so the Appeal s Trib unal and the D irect or G e n e ral shal l hav e regar d to the legit imat e inter
e st of the undertakings in the protection of their business secrets or other confidential information.
(3) Any decision delivered by the Appeals Tribunal in proceedings held before it shall be deemed to be notified
to the undertaking or association of undertakings concerned on the date on which it is pronounced.
(4) The Appeals Tribunal shall provide:
(a) both a complete version and a non-confidential version of its decision on paper or on any other durable medium to the
Director General; and
(b) a copy of its decision, upon request, to the parties to the case, ensuring in doing so the protection of business secrets
or other confidential information.
Offences against interim orders. Amended by: XXVIII. 2000.21.
Administrative fines.
Amended by: XXVIII. 2000.22; III. 2004.144;
L.N. 425 of 2007. Substituted by:
VI. 2011.121.
20. (Deleted by Act III.2004.143).
18 may, by decision of the Director General, be held liable to pay an administrative fine of up to ten per centum of the total turnover of the undertaking or association of undertakings concerned in the
preceding business year:
Provided that where the infringement of an association relates to the activities of its members, the fine shall not exceed
ten per centum of the sum of the total turnover of each member active on the market affected by the infringement of the association.
(2) (a) Where an administrative fine is imposed upon an association of undertakin gs, taking account of the annual turnover of
its members, and the association is not solvent, the association shall be obliged to call for contributions from its members to cover
the amount of the administrative fine due.
(b) Where the contributions referred to in paragraph (a) have not been made to the association within a time- limit fixed by the Director General, the Director General may require
payment of the administrative fine directly by any of the undertakings whose representatives were members of the
decision-making bodies of the association.
(c) Where the application of paragraph (b) is not sufficient to ensure the full payment of the fine, the Director General may require payment of the balance by any
of the members of the association which were active on the market on which the infringement occurred.
(d) The Director General shall not require payment under paragraphs (b) and (c) from undertakings which show that they have not implemented the unlawful decision of the association and they were not
aware of its existence or had actively distanced themselves from it before the Director General started investigating the case.
(e) The financial liability of each undertaking in respect to the payment of the fine shall not exceed ten per centum of its total turnover in the preceding business year.
(3) In fixing the amount of the fine, the Director General shall have regard to the gravity and duration of the infringement and
to any aggravating or attenuating circumstances:
Provided that the Director General may from time to time issue guidelines detailing the manner in which such fines are set.
(4) (a) Any undertaking or association of undertakings which fails to comply with a cease and de s i st order or a comp lian ce or der
pur suant to article 13, or fails to comply with an interim measure pursuant to article 15, or fails to comply with a commitment
made binding pursuant to article 12C, or which fai l s to su pply complete and correct information pursuant to a request for information
under articles 11A and 12 or fails to submit to an inspection under article 12 may, at the discretion of the Director General,
be liable to a daily penalty payment not exceeding five per centum of the average daily tur nover o f th e undertaki ng o r
association of undertakings concerned in the preceding business year for each da y during whic h the undertaking fails to comply
with its obligations.
(b) The daily penalty payment referred to in paragraph (a) shall be calculated from the day determined in the decision of the Director General.
(c) Where the undertaking or association of undertakings concerned complies with the obligations mentioned in paragraph (a), the Director General may fix the definitive amount of the daily penalty payment at a figure lower than that which
would have arisen in terms of the original decision of the Director General.
(d) In the application of this subarticle to an association of undertakings, subarticle (2) shall apply mutatis mutandis.
(5) Any person who in the course of any investigation or inq u iry conducted und er this Act, or in the course of any
proceedings before the Appeals Tribunal knowingly or recklessly -
(a) gives any false, inaccurate or misleading information;
or
(b) supplies incomplete information; or
(c) prevents or hinders any investigation; or
(d) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information
which he knows to be false in any particular material,
shall be liable to the payment of an administrative fine of not less than one thousand euro (€1,000) and not more than ten thousand
euro (€10,000), as imposed by the Director General.
(6) Where a person, being a director, manager, secretary or oth e r si milar of fi cer o f an un dertaking or associat
ion of undertakings fails, without reasonable cause, to supply information requested within the time given, such person shall be
liable to the payment of an administrative fine of up to two thousand and four hundred euro (€2,400) for each day in default.
Failure to pay fines.
Added by:
VI. 2011.137.
to pa y th e administrativ e fine and, or penalty pa yment du e, be liable on conviction to a fine (multa) of not less than one thousand
euro (€1,000) and not more than twenty thousand euro (€20,000).
22. (Deleted by Act III.2004.145).
22A. (Deleted by Act VI. 2011.138).
23. (1) Any fine (multa) payable in respect of the commission of a criminal offence under this Act shall be recoverable as a civil debt in favour of the
Government by the Director General, and the undertaking in the economic interests of which the person so found guilty was acting
shall be liable in solidum with the person found guilty for the payment of the said fine.
(2) The provisions of the Probation Act and of article 21 of the Criminal Code shall not apply with respect to criminal offences committed under this Act.
(3) Any administrative fine payable to the Director General under this Act shall be recoverable as a civil debt by the Director
General and shall constitute an executive title for all effects and purposes o f T i tle VII o f Part I of Bo ok II of th e Code
of Organization and Civil Procedure.
Offences against article 10(5). Amended by: XXVIII. 2000.24.
Penalty for offences against article 17.
Added by: XXVIII. 2000.23. Amended by:
L.N. 425 of 2007.
Offences in connection with investigations, etc. Amended by: XXVIII. 2000.25; L.N. 425 of 2007; VI. 2011.121, 139.
Cap. 446. Cap. 9.
Cap. 12.
(2) The Director General or any officer deputed by him for the p u r poses o f su bart icle ( 1 ) ma y nevert heless b e pr odu ced as a witness but should his evidence be required as part of the case for the prosecution, his evidence shall be heard before that of any other witness for the prosecution unless the necessity of his evidence arises subsequently.
Director General may assist prosecution. Amended by:
VI. 2011.121
25. Notwithstanding the provisions of the Criminal Code, the A tto rney General shall have a ri ght of ap peal to th e Cou r t o f Cri m i n a l App eal fro m any j udg m e nt g i ve n
b y th e Co urt of Magistrates in respect of criminal proceedings arising out of the provisions of this Act.
26. Notwithstanding the provisions of the Criminal Code or of any other l a w, crimin al actio n fo r of fences un der thi s Act is prescribed by the lapse of five years.
(a) three years in the case of infringements of the Act concerning requests for information or the conduct of inspections;
and
(b) five years in the case of all other infringements.
(2) The prescription period begins to run on the day on which
Right of appeal. Cap. 9.
Prescription. Cap. 9.
Prescription concerning the imposition of administrative fines.
Added by: XXVIII. 2000.26.
Amended by:
L.N. 425 of 2007.
Substituted by:
VI. 2011.140.
the infringement is committed. However, in the case of continuing or repeated infringements, this period shall begin to run from the
day on which the infringement ceases.
(3) The prescription period for the imposition of fines shall be interrupted by any action of the Director General or, in the case
of t h e app licati on of Art i cles 1 01 an d 1 02 o f the TFEU, of the European Commission or of a competition authority of a Member
State with a view to investigating or instituting proceedings for the in fringem ent . The prescription peri od shal l be interru
pted with effect from the date on which the action is notified to at least one undertaking or association of undertakings which has
participated in the infringement.
(4) Actions which interrupt the running of the prescription period shall include in particular the following:
(i) written requests for information by the Director General, the European Commission or by a national competition authority;
(ii) the issue of a written authorisation signed by the Director General or a warrant issued by a Magistrate under
article 12 to conduct an inspection, or a written authorisation by the European Commission in terms of Article
20 of Council Regulation (EC) No 1/2003, or an equivalent document issued by a national competition authority;
(iii) the commencement of proceedings by the Director General, the European Commission or by a national competition
authority;
(iv) the notification of a statement of objections in accordance with article 12A or the communication
of a statement of objections by a competition authority of a Member State;
(v) the notification of the invitation by the Director General to engage in settlement discussions under article 12B.
(5) The interruption of the prescription period shall apply to all undertak ings an d associati ons of und ertaking s w h ich hav
e participated in the infringement.
(6) The prescription period shall start to run again from each interruption.
(7) The prescription period for the imposition of fines shall be suspended for as long as the decision of the Director General
is the subject of proceedings pending before the Appeals Tribunal or the Court of Appeal.
Extinction of criminal liability in certain cases. Added by:
XXVIII. 2000.26.
26B. (Deleted by Act VI. 2011.141).
Provided that where the competition question raised before the court has already been decided upon under the provisions of this Act
and the decision thereon has become res judicata, the court shall abide by such decision.
(2) Where the Director General, on his own initiative, becomes cognizant of allegations as mentioned in subarticle (1), in a civil
lawsuit, he shall, by means of an application, request the court to apply the procedure referred to in subarticle (1).
(3) For the purposes of drawing up reports under this article the Director General may have resort to the investigatory powers
conferred upon him under this Act.
(2) For the purposes of this article, a person shall be deemed to have suffered damage even where that person is not the immediate
customer of the defendant.
(3) The plaintiff shall be entitled to compensation for actual loss and for loss of profit, together with interest from the time
the damage occurred until the capital sum awarded is actually paid.
(4) In establishing the quantum of damages, the Court shall take into account the counter factual scenario that would have
prevailed had the infringement not taken place.
(5) An action under this article may be instituted in the absence of any investigation or proceedings under this Act or under
Council Regulation (EC) No 1/2003.
Provided that an action under this article may also be instituted:
(a) where there is a decision under this Act establishing an infringement of articles 5 and, or 9 of this Act and, or of Articles
101 and, or 102 of the TFEU which has become res judicata;
(b) where there is a decision of the European Commission establishing an infringement of Articles 101 and, or
102 of the TFEU which has become res judicata;
(c) pending an investigation or proceedings under this Act or under Council Regulation (EC) No 1/2003;
Proceedings before of a civil court. Amended by:
III. 2004.146. Substituted by: VI. 2011.142.
Right to damages.
Added by:
VI. 2011.143.
Cap. 16.
(d) pending separate proceedings before a court of civil jurisdiction or following a decision of such court which has
become res judicata involving the application of articles 5 and, or 9 of this Act and, or Articles 101 and, or 102
of the TFEU.
(6) In the circumstances mentioned in paragraphs (a) and (b) of the proviso to subarticle (5), the court shall be bound by the finding of an infringement in the decision.
(7) The defendant may not plead lack of intention, negligence or lack of fault on his part as a defence in a claim for dam ages
under subarticle (1):
Provided that the defendant may demonstrate that the infringement was the result of a genuinely excusable error. For the purposes
of this prov iso, an error would be excusable if a reasonable person applying a high standard of care could not have been aware
that the conduct restricted competition.
(8) The defendant may raise as a defence the fact that the plaintiff passed on the damage initially suffered by him on
to his customers.
(9) (a) The action under this article shall be barred by the lapse of tw o y e ars commen c i ng f r om th e day th e injured
party became aware or should reasonably have become aware of the damage, the infringement and the
identity of the und ertaking or associ atio n of undertakings responsible for the infringement.
(b) The period mentioned in paragraph (a) shall be suspended if infringement proceedings are initiated by the Director General under this Act or by the European Commission
under Council Regulation (EC) No 1/
2003 or where separate proceedings have been instituted before a court of civil jurisdiction as referred to in paragraph (d) of the proviso to subarticle (5) until any such proceedings are terminated by a decision which has become res judicata.
(10) (a) The provisions of this article shall prevail over anything to the contrary contained in the Civil Code.
(b) The right to file an action under subarticle (1) shall not affect the right to bring any other proceedings in respect
of the same infringement under this Act, or any regulations made thereunder or any other law.
(c) Subarticle (1) shall only apply to claims relating to infringements occurring after the coming into force of this article.
28. It shall not be lawful to issue any precautionary warrant referred to in the Code of Organization and Civil Procedure against the Direct or General in resp ect of th e exercise of h is functi ons under this Act.
(2) Undertakings entrusted with the operation of services of a gen er al eco no m ic in ter est o r h avi ng the characte r of
a revenue producing monopoly shall be subject to the provisions of this Act insofar as the application of such rules does not obstruct
the performance, in law or in fact, of the particular tasks assigned to them.
(3) The Minister may by order in the Gazette declare a specific service entrusted to a particular undertaking to be a service in
the general economic interest.
It shall be lawful to issue any precautionary warrant.
Substituted by: III. 2004.147.
Amended by:
VI. 2011.121, 145.
Cap. 12.
Reciprocity agreements. Amended by:
VI. 2011.121, 144.
Co-operation under Regulation 1/2003. Added by:
VI. 2011.146.
Applicability of Act to government departments. Substituted by: XXVIII. 2000.27. Amended by:
IV. 2003.24.
(a) prescribe the fees payable to the Director General in connection with any request made to him under this Act and in connection with procedures before the Commission;
Action in good faith.
Amended by:
XXVIII. 2000.28.
Substituted by:
VI. 2011.147.
Power to make regulations. Substituted by: XXVIII. 2000.29. Amended by:
VI. 2011.148.
Power to make regulations. Added by: XXVIII. 2000.30. Amended by:
III. 2004.148;
VI. 2011.121, 149.
(b) exempting any agreement, decision or practice in connection with agriculture and fisheries from the provisions
of article 5 under such conditions as he may prescribe.
(2) The Minister, after consultation with the Board, may make regulations:
(a) prescribing the procedure to be followed by the office in joint investigations, co-operation and exchange of information
with other national competition authorities;
(b) prescribing the procedure for co-operation between the Appeals Tribunal, the European Commission, the national courts
and national competition authorities; and
(c) providing for the power to waive or reduce the applicable fine in cartel investigations.
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