                       COMPETITION [ CAP. 379.        1
CHAPTER 379
COMPETITION ACT
To regulate competition and provide for fair trading in Malta.
1st February, 1995
ACT XXXI of 1994, as amended by Act XXVIII of 2000.
Short title.
Interpretation.
Amended by:
XXVIII. 2000.2.
2. In this Act unless the context otherwise requires -
"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;
"chairman" means the chairman of the Commission;
"Commission" means the Commission for Fair Trading
established under article 4;
"Director" means the public officer heading the Office for Fair
Competition established under article 3;
"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;
"group of undertakings" includes:
( a ) the undertaking concerned;
( b ) those undertakings in which the undertaking
concerned, directly or indirectly:
- 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
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 );
  2      CAP. 379. ]                   COMPETITION
"Minister" means the Minister responsible for commerce;
"office" means the Office for Fair Competition established by
article 3;
"product" includes goods and the supply of services;
"relevant market" means the market for the product within Malta
whether or not limited to any particular area or locality, and
whether or not restricted 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 and, or, an abuse by one or more
undertakings of a dominant position prohibited under article 9;
"turnover" means the total turnover realised during the preceding
financial year on the local market; for the purpose of article 6(2)
and of article 21 the turnover of an undertaking means the sum of
the turnovers of all undertakings in a group of undertakings;
"undertaking" means any person whether an individual, a body
corporate or unincorporate or any other entity, pursuing an
economic activity, and includes a group of undertakings.
Establishment of 
Office for Fair 
Competition.
Amended by:
XXVIII. 2000.3.
3. (1) There shall be an Office for Fair Competition, which
shall be a government department having the following functions,
that is to say:
( a ) to advise undertakings, associations of undertakings
and the public in relation to matters concerned with
fair trading practices and procedures under this Act;
( b ) to advise and make proposals and recommendations to
the Minister in relation to any matter concerning the
exercise of his functions under this Act;
( c ) to investigate restrictive practices in competition and
to institute action in terms of this Act to suppress the
same; and
( d ) generally to exercise the powers conferred upon it
under this Act, and as may be assigned to it by the
Minister, within the context of this Act.
 (2) The Office shall be under the control of a Director. In
carrying out the functions of the Office, the Director may delegate
any of his powers under this Act to any public officer employed
with or attached to his department.
Establishment of 
Commission.
Amended by:
XXVIII. 2000.4.
4. (1) There shall be a Commission to be known as the
Commission for Fair Trading, and which shall be composed of a
chairman and two other members appointed by the President on the
advice of the Prime Minister.
(2) The Commission shall have the functions assigned to it by
this Act and as may be assigned to it under any other law.
(3) ( a ) The chairman shall be a magistrate and the two other
members shall be an economist and a certified public
accountant;
                       COMPETITION [ CAP. 379.        3
( b ) More than one magistrate, one economist and one
certified public accountant may be appointed to sit on
the Commission, but only one magistrate, one
economist and one certified public accountant shall sit
in any one case.
(4) ( a ) The members of the Commission, other than the
chairman, hereinafter in this article referred to as "the
lay members", shall be appointed for a period of three
years and shall be eligible for reappointment.
( b ) The lay members of the Commission may resign their
office by letter addressed to the President but may not
be removed except by the President acting on the
recommendation of the Commission for the
Administration of Justice.
( c ) Notice of all appointments to the Commission and of
all other changes in its membership shall be published
in the Gazette.
( d ) The lay members of the Commission shall receive such
remuneration for their services as may be prescribed:
provided that such remuneration may not be altered
during the tenure of their appointment.
( e ) A person shall not be qualified to be appointed or
remain a lay member of the Commission if -
(i) he is an undischarged bankrupt; or
(ii) he has been sentenced to imprisonment for six
months or more by any court; or
(iii) he has been found guilty for any offence against
this Act; or
(iv) if he is a Member of the House of
Representatives.
( f ) Any member of the Commission shall before the
commencement of any case declare any interest he
may have in the proceedings.
Cap.12. 
(5) The Minister responsible for justice shall appoint a public
officer to be secretary to the Commission. The secretary shall
mutatis mutandis  have the same powers and duties of the Registrar
of Courts, and shall take instructions from the chairman in all
circumstances that the said registrar in accordance with the Code of
Organization and Civil Procedure is to take instructions from a
magistrate presiding a particular court.
 (6) ( a ) The Commission shall have the powers and shall
follow the procedures laid out in the Schedule to this
Act.
( b ) The Commission may with the approval of the
Minister make rules not inconsistent with this Act or
the provisions of the Schedule, prescribing the
procedures and the forms to be followed and used
before it.
( c ) In the absence of provisions or rules as aforesaid the
  4      CAP. 379. ]                   COMPETITION
Commission shall regulate its own procedures.
Prohibited 
agreements and 
practices.
Amended by:
XXVIII. 2000.5.
 5. (1) Subject to the provisions of this Act, the following is
prohibited, that is to say 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 or
any part of Malta and in particular, but without prejudice to the
generality of this subarticle, any agreement, decision or practice
which:
( 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.
Agreements, etc., 
where impact is 
minimal.
Substituted by:
XXVIII. 2000.6.
6. (1) Agreements, decisions or concerted practices
between undertakings shall not be subject to the prohibition in
article 5(1) if the impact of the agreement, decision or practice on
the relevant market is minimal.
(2) In determining whether such impact is or is not minimal,
consideration shall be given to all relevant circumstances including
the aggregate share of all the undertakings concerned of the
relevant market:
Provided that unless proof is adduced to the contrary, such
impact shall be presumed to be minimal if the undertakings
concerned do not between them exceed any two of the following
criteria, that is to say:
( a ) an average employment of twenty persons during the
relevant period; or 
( b ) an annual turnover of three hundred thousand liri, or
such higher sum as the Minister may prescribe; or
( c ) a net asset value of one hundred and fifty thousand liri,
or such higher sum as the Minister may prescribe.
(3) The foregoing provisions of this article shall not apply
where in a relevant market competition is restricted by the
cumulative effect of parallel networks of similar agreements
established by several undertakings.
                       COMPETITION [ CAP. 379.        5
Certain 
agreements, etc., 
may be declared 
exempted.
Amended by:
XXVIII. 2000.7.
 7. (1) Notwithstanding the provisions of article 5, the
Director may upon an application made by an undertaking or an
association of undertakings exempt from the provisions of article
5-
( a ) any agreement between undertakings;  or
( b ) any decisions by an association of undertakings;  or
( c ) any concerted practice or concerted practices,
which in each case contribute towards the objective of improving
production or distribution of goods or services or promoting
technical or economic progress and which allows consumers a fair
share of the resultant benefit:
Provided that the Director shall not so exempt any such
agreement, decision or concerted practice if the said agreement,
decision or concerted practice either:
(i) imposes on undertakings concerned any
restriction which is not indispensable to the
attainment of the said objective;  or
(ii) gives 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.
(2) The Director may make any declaration to which subarticle
(1) applies, subject to such conditions and limitations as he may
deem opportune.
(3) A declaration to which this article applies shall be in
writing and shall specify the date, which may be a date previous to
the date of the declaration, from which it shall be effective, as well
as the date up to which it shall be effective.
(4) The Director may upon an application for the purpose, if he
is satisfied that the requirements contained in the subarticle (1) for
the making of a declaration still subsist, extend the period during
which such declaration shall remain in effect.
(5) The Director may revoke or amend any declaration
allowing an exemption under this article where:
( a ) there has been a change in any facts which were
material to the grant of the exemption; or
( b ) the undertakings commit a breach of any condition or
limitation attached to the declaration; or
( c ) the decision to grant the exemption was based on
information, supplied by the undertaking, which later
proved to be false, misleading or incomplete;  or
( d ) the undertakings abuse the exemption granted:
and in the cases referred to in paragraphs ( b ) to ( d ), such revocation
may be with retroactive effect.
(6) Where the Director refuses to grant an exemption or
attaches conditions or limitations to the exemption granted or
  6      CAP. 379. ]                   COMPETITION
revokes or amends any declaration to which this article refers, the
undertaking or association of undertakings concerned may within
fifteen days of the notification of the Director’s decision request
him to submit the same for review by the Commission and the
Director shall forthwith comply with such request:
Provided that the submission of a decision for review by the
Commission shall not suspend the decision of the Director unless
the Commission in exceptional circumstances otherwise directs.
General 
exemptions.
Substituted by:
XXVIII. 2000.8.
8. (1) The Minister may, after consultation with the Director,
by regulations prescribe that there shall be exempted form the
provisions of article 5 such categories of agreements, decisions and
concerted practices as may be specified in the regulations.
(2) The regulations referred to in subarticle (1) shall only be
made where the agreement, decisions or concerted pratice satisfy
the requirements mentioned in article 7(1).
(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.
9. (1) Any abuse by one or more undertakings of a dominant
position in the relevant market is prohibited.
(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 in the relevant market, where it or they -
( a ) directly or indirectly impose an excessive or unfair
purchase or selling price or other unfair trading
conditions;
( b ) charge prices which are below the average variable
cost price of a product in order to drive rival
competitors out of the market;
( c ) limit production, markets or technical development to
the prejudice of consumers;
( d ) refuse to supply goods or services indiscriminately in
order to eliminate a trading party from the relevant
market to the prejudice of consumers;
( e ) 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;
( f ) 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) Whether an undertaking is alone or with others in a
dominant position, and whether any act constitutes an abuse of a
dominant position shall be determined by the Commission on an
application for the purpose by the Director, or by an undertaking or
                       COMPETITION [ CAP. 379.        7
a complainant through the Director.
 (4) For the purpose of determining whether one or more
undertakings are in a dominant position, an undertaking which
alone or in conjunction with others has a share of at least forty per
cent of the relevant market shall, in the absence of proof to the
contrary, be deemed to be in a dominant position:
Provided that one or more undertakings which alone or in
conjunction with others have a share below forty per cent of the
relevant market may, notwithstanding the above, be determined to
be in a dominant position.
 (5) In determining whether the purchase or selling price is
excessive or unfair, the Commission shall consider all relevant
factors and shall where appropriate have regard to:
( 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.
Negative 
clearance.
Substituted by:
XXVIII. 2000.10.
 10. (1) Any person in charge of an undertaking who believes
or suspects or reasonably ought to believe or suspect that any
agreement between undertakings, any decision by an association of
undertakings, any concerted practice between undertakings or any
conduct may be a prohibited agreement, decision, practice or
conduct in terms of articles 5 or 9, shall seek the negative clearance
of the Director in accordance with the following provisions of this
article and such person shall be precluded from acting in
accordance with the said agreement, decision or practice or to
undertake such conduct until negative clearance is granted.
(2) Without prejudice to the provisions of subarticle (1), upon a
request in writing by an undertaking or an association of
undertakings, the Director may declare that, according to the facts
of which he is aware, or on the basis of the information provided by
the undertaking or association of undertakings, the agreement,
decision, practice or conduct does not fall within the prohibitions
  8      CAP. 379. ]                   COMPETITION
contained in articles 5 and 9 and that there is no need to take any
action in respect thereof under this Act.
(3) Decisions granting negative clearance may be limited in
effect for such time as may be stated in the same decision.
(4) Without prejudice to the provisions of subarticle (5) a
negative clearance given in accordance with this article may be
revoked or amended by the Director where:
( a ) the negative clearance is based on information which
is false, misleading or incomplete; or 
( b ) there has been a change in facts which were material to
the grant of negative clearance; or
( c ) market conditions have changed in such manner that
causes the agreement, decision, practice or conduct to
fall within the prohibition of articles 5 and, or, 9.
(5) It shall not be lawful in connection with a request for an
exemption under article 7 or for negative clearance to supply to the
Director any information which is false, misleading or incomplete,
and any exemption under article 7 and any negative clearance given
on the basis of such information shall be null and without effect.
(6) A negative clearance given by the Director shall have the
effect of declaring the agreement, decision, practice or conduct to
which it refers not to be one which infringes the provisions of
articles 5 and 9.
(7) The Director shall from time to time determine the
procedure for making requests for negative clearance under this
article.
(8) The provisions of article 7(6) shall  mutatis mutandis  apply
to decisions of the Director under this article.
(9) Where negative clearance has been refused or has been
revoked it shall not be lawful to proceed with the agreement,
decision, practice or conduct for which clearance has not been
granted or has been revoked.
Price orders. 11. Repealed by XXVIII.2000.11.
Investigations.
Amended by:
XXVIII. 2000.12.
12. (1) It shall be the duty of the Director to ensure that the
provisions of this Act are observed by all, and to gather information
that may be necessary for him or the Commission to carry out their
functions; and for such purpose he shall have power to carry out
investigations of his own motion or at the request of the Minister or
upon a reasonable allegation in writing of a breach of the
provisions of this Act, by a complainant.
(2) During the course of any investigation carried out by the
Office in accordance with subarticle (1), the Director may request
any person to furnish him with any information or document in his
possession which the Director has reason to believe is relevant to
the matter under investigation, within such time as in the
circumstances of the investigation the Director may consider
reasonable.
                       COMPETITION [ CAP. 379.        9
 (3) Nothing in subarticle (2) may be construed as authorising
the Director to order the production of any document or the
disclosure of any information which may be subject to the duty of
professional secrecy.
(4) In the course of any such investigation the Director may
receive written or verbal statements from witnesses as well as make
copies of any document produced to him, and the record of such
statements and such copies duly attested by the Director shall be
producible as evidence before the Commission.
(5) The Director, duly authorised by a warrant issued by the
chairman of the Commission, may, for the purpose of any
investigation under this article enter into and search any premises
and any other place, or search any means of transport 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 order the non-removal of any object from any such
premises, and in connection with any such order may close and seal
any or all parts of any premises and any other place, or means of
transport, or put any object under seal.
 (6) In the course of any search as is referred to in subarticle (5)
the Director may request the assistance of the Police; however, in
the case of a search which is to be carried out in a residential
premises, the Director shall always be accompanied by a Police
officer not below the rank of inspector.
 (7) Any order given by the Director in accordance with
subarticle (5) shall remain in force until it is cancelled by the
Director or by the Commission.
 (8) No search may be commenced on any premises after 7
o’clock in the evening and before 7 o’clock on the next following
morning, unless there is reason to believe that delay could cause the
loss of necessary information and the search is expressly authorised
to take place between the said times in the relevant warrant.
Cap. 9. 
(9) Nothing in this article shall be deemed to detract from the
powers of the Police under the Criminal Code or under any other
law.
 (10) Any information disclosed to the Director or any document
produced to him during an investigation shall be secret and
confidential and may only be disclosed before the Commission in
any matter before it, or before a competent court in relation to the
prosecution of any offence against this Act.
Cease and desist 
orders.
Added by:
XXVIII. 2000.13.
12A. (1) Where upon the conclusion of an investigation under
article 12 it results to the Director that the agreement, decision,
practice or conduct investigated is in breach of the provisions of
articles 5 and, or, 9, the Director may make a report of his
conclusions, giving therein his reasons and shall serve a copy of the
report to be delivered on the undertaking or association of
undertakings concerned by registered post or such other
documented delivery as the Director may deem fit, together with a
Cease and Desist Order whereby he orders it or them to cease and
desist immediately from participating in such agreement, decision,
  10      CAP. 379. ]                   COMPETITION
practice or conduct.
(2) The provisions of article 7(6) shall  mutatis mutandis  apply
to a Cease and Desist Order under subarticle (1).
Report of 
investigations to 
Commission.
Amended by:
XXVIII. 2000.14.
13. Upon the completion of an investigation under article 12,
where it results to the Director that a serious infringement has taken
place due to the gravity and duration of the agreement, decision or
concerted practice which have been investigated, the Director shall
make a report to thje Commission of the conclusions arrived at by
him in the said investigations, giving his reasons therefor and
making reference to the evidence in support thereof, which
evidence shall at the request of the Commission be produced before
it.
Admissibility of 
complaints.
Amended by:
XXVIII. 2000.15.
14. (1) ( a ) Where the Director receives a complaint in writing
as is referred to in article 12(1), he shall in the first
place examine whether such complaint is
admissible or otherwise, and where he is of the
opinion that the complaint is  prima facie
inadmissible, he shall not carry out or proceed
with the relative investigation and the Director
need not in such cases inform the Commission of
the complaint in question.
( b ) Where the complainant does not agree with the
decision of the Director that the complaint is  prima
facie  inadmissible or the decision of the Director
after an investigation that the complaint is not
justified, the provisions of article 7(6) shall
mutatis mutandis  apply.
(2) Where the Commission does not agree that the complaint is
inadmissible it shall inform the Director accordingly, and the
Director shall thereupon commence or resume the investigations.
Interim measures.
Amended by:
XXVIII. 2000.16.
15. (1) The Commission may, at the request of the Director or
of an undertaking or of a complainant, through the Director, take
interim measures intended to suspend any restrictive practice under
investigation if it is urgently necessary to avoid a situation likely to
cause serious, immediate and irreparable prejudice to the interests
of any undertaking, or to harm the general economic interest.
(2) Where the request is made by the Director such request
shall be accompanied by a reasoned report stating the measures he
deems necessary in order to suspend the practices under
investigation.
(3) Where the request is made by a complainant the
Commission shall, unless the Director has already done so when he
refers the complaint, transmit the request to take interim measures
to the Director who shall draw up a reasoned report stating the
measures which he deems necessary in order to suspend the
practices under investigation.
(4) Where the Director deems that the adoption of interim
measures is required, he shall submit the report to the Commission
within fifteen days and shall serve a copy of the report by
                       COMPETITION [ CAP. 379.        11
registered post to the undertaking or association of undertakings
under investigation which may make written submissions to the
Commission on the report within fifteen days of its receipt:
provided that the said periods may be abridged by the Commission
as it deems fit in the circumstances.
(5) The Commission shall, within ten days from the last date on
which the submissions of the undertaking or association concerned
are due to be received, by reasoned decision order any interim
measure it may deem appropriate in the circumstances.
(6) The decision shall be notified by the secretary to the
Commission to the Director and to those undertakings or
associations whose activity is being investigated.
(7) An order given under this article shall have immediate
effect and shall remain in force for a period of three months unless
it is previously revoked by the Commission or unless the matter
under investigation has been determined by the Commission before
the said period of three months. Nothing in this subarticle shall
preclude the Commission from issuing the same order for a further
period or periods of three months:
Provided that such order may in no case extend beyond a
maximum period of one year.
Interim orders.
Added by:
XXVIII. 2000.17.
15A. (1) Without prejudice to the provisions of article 15 of
this Act where the Director is satisfied in the course of an
investigation that restrictive practices are taking place and he
deems it necessary so to do in order to offset a situation arising out
of such practices likely to cause harm to the general economic
interest he may issue an order, hereinafter referred to as an Interim
Order, prescribing as an interim measure the maximum price at
which such goods as may be referred to in the Interim Order may be
sold or offered for sale or the maximum price which may be
charged for such services as may be referred to in the Interim Order
or at which such services may be offered.
(2) Interim Orders shall  come into force in the date of their
publication in the Gazette or on such later date as may be specified
in the Interim Order or in a subsequent Interim Order.
(3) Interim Orders shall within six months of their publication
in the Gazette be reviewed by the Commission, and the
Commission shall in the course of such review hear the Director
and any interested undertaking or association of undertakings as it
may deem proper.
(4) Where the Commission after the review as aforesaid
declares that the Interim Order is appropriate and necessary, such
Interim Order shall remain in force, unless previously revoked by
the Director for a period of one year from the date of the decision
of the Commission.
(5) Where the Commission after the review as aforesaid finds
that the Interim Order is not appropriate or necessary, or where on
the lapse of six months from the publication of the Interim Order in
the Gazette the Commission has not finalised the review, the
  12      CAP. 379. ]                   COMPETITION
Interim Order shall cease to have effect:
Provided that where the Commission finds that an Interim
Order is appropriate and necessary in the circumstances but does
not agree that the Interim Order as issued by the Director was
appropriate, it may modify the Interim Order and the Interim Order
as so modified shall come into force upon its publication in the
Gazette and shall continue in force as if it were an Interim Order
referred to in subarticle (4).
(6) Where an Interim Order ceases to have effect, this shall be
without prejudice to:
( a ) any liability incurred during the period of its validity;
( b ) anything lawfully done or omitted to be done during
its period of validity;
( c ) any obligation incurred in favour of any person or any
right acquired against any person during its period of
validity;
( d ) the right of the Director to make the same or a similar
Interim Order in accordance with subarticle (1).
Director to abide 
by decisions of 
Commission.
Added by:
XXVIII. 2000.17.
15B. Where any decision of the Director is in accordance with
this Act reviewed by the Commission, the Director shall act in
accordance with the decision of the Commission and make such
changes to his decisions accordingly.
Offences of 
restricted practice 
and of abuse of 
dominant position.
Amended by:
XXVIII. 2000.18.
  16. (1) Where the Commission declares that any agreement,
decision or practice is in breach of the provisions of article 5, any
person who after such decision has been published makes any act
pursuant to such agreement, decision or practice shall be guilty of
an offence against this article.
(2) Any person in charge of an undertaking to whom article
10(1) applies, who acts in accordance with that agreement, decision
or practice without first seeking the negative clearance of the
Director as required under article 10(1), shall be guilty of an
offence under this article:
Provided that a person shall not be punished for an offence
under this article unless the agreement, decision or practice
aforesaid has been declared to be in breach of the said article 10(1)
by a decision of the Commission published in accordance with the
provisions of this Act.
(3) Where any exemption has been given from the provisions
of article 5 any person who acts beyond the provisions of such
exemption or does not abide by any condition therein shall be
guilty of an offence against this article.
(4) Where any person acts in contravention of the provisions of
article 10(9) he shall be guilty of an offence against this article.
Disobedience of a 
cease and desist 
order.
Substituted by:
XXVIII. 2000.19.
 17. Any person who acts contrary to a Cease and Desist Order
issued by the Director in accordance with article 12A shall, without
prejudice to any other liability under this Act or any other law, be
guilty of an offence against this article.
                       COMPETITION [ CAP. 379.        13
Offences against 
article 15.
 18. Any person who makes any act contrary to an order issued
by the Commission in accordance with article 15, after such order
has been published, shall be guilty of an offence against this article.
Publication of 
decisions, etc., of 
Commission.
Amended by:
XXVIII. 2000.20.
 19. For the purposes of articles 16 and 18 a decision or order of
the Commission or the Director shall be deemed to have been
published where it has been published by notice in the Gazette, or
where in relation to any particular individual it has been notified to
him either by judicial act or by delivery of a copy thereof by the
Director:
Provided that where the undertaking or the person against
whom the complaint has been made had been given notice of the
proceedings before the Commission, in relation to that undertaking
or person the decision or order of the Commission in respect of that
complaint shall be deemed to have been published on the date on
which it was pronounced.
Offences against 
interim orders.
Amended by:
XXVIII. 2000.21.
20. Any person who contravenes the provisions of an interim
order issued under article 15A shall be guilty of an offence against
this article.
Penalty for 
offences under 
articles 16, 17, 18 
and 20.
Amended by:
XXVIII. 2000.22.
21. (1) Any person guilty of an offence against articles 16, 18
or 20, shall, on conviction, be liable to a fine ( multa ) from one to
ten  per centum  of the turnover of the undertaking in the economic
interests of whom the person so guilty was acting, so however the
fine shall not be less than three thousand liri:
Provided that where the person found guilty of an offence
against article 20 is a retailer with a turnover not exceeding one
hundred thousand liri that person shall be liable to a fine ( multa ) of
not less than five hundred liri but not more than three thousand liri:
Provided further that where the person so found guilty is
the Director, manager, secretary or other similar officer of the
aforesaid undertaking the said person shall, for the purposes of this
article, be deemed to be vested with the legal representation of the
same undertaking which accordingly shall be liable  in solidum  with
the person found guilty for the payment of the said fine.
 (2) The fine referred to in subarticle (1) shall be recoverable as
a civil debt in favour of the Government by the Director, and the
undertaking in the economic interests of whom the person found
guilty was acting shall be liable  in solidum  with the person found
guilty for the payment of the said fine.
Cap. 446.
Cap. 9.
(3) The provisions of the Probation Act and of article 21 of the
Criminal Code shall not apply with respect to offences referred to
in subarticle (1).
Offences against 
article 10(5).
Amended by:
XXVIII. 2000.24.
22. (1) Any person who contravenes the provisions of article
10(5) shall be guilty of an offence and shall, on conviction, be
liable to the fine established in article 21(1).
(2) The provisions of the provisos of subarticle (1) and of
subarticle (2) of article 21 shall apply to the fine referred to in
subarticle (1) hereof.
  14      CAP. 379. ]                   COMPETITION
Cap. 446.
Cap. 9.
(3) The provisions of the Probation Act and of article 21 of the
Criminal Code shall not apply with respect to offences referred to
in subarticle (1).
(4) No action for an offence under this article may be instituted
without the concurrence of the Commission.
Penalty for 
offences against 
article 17.
Added by:
XXVIII. 2000.23.
22A. (1) Any person guilty of an offence against article 17
shall on conviction be liable to pay a fine ( multa ) of not less than
one hundred liri and not more than one thousand liri for each day
during which the offence persists.
(2) The provisions of article 21(2) and (3) shall also apply.
Offences in 
connection with 
investigations, etc.
Amended by:
XXVIII. 2000.25.
23. Any person who in the course of any investigation under
this Act or in the course of any proceedings before the Commission
knowingly or recklessly - 
( a ) gives any false, inaccurate or misleading information;
or
( b ) supplies incomplete information; or
( c ) being an owner, Director, officer, administrator or
manager of an undertaking fails, without reasonable
cause, to supply information requested within the time
given; or
( d ) prevents or hinders any investigation; or
( e ) 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 material
particular,
shall be guilty of an offence against this article and shall, on
conviction, be liable to a fine ( multa ) of not less than one hundred
liri and not more than one thousand liri or to imprisonment for a
term from three to six months, or to both such fine and
imprisonment.
Director may assist 
prosecution.
 24. (1) In criminal proceedings instituted by the Police before
the Court of Magistrates for an offence against the provisions of
this Act, the Director may assist the Police in the conduct of the
prosecution and in the production of the evidence.
(2) The Director or any officer deputed by him for the purposes
of subarticle (1) may nevertheless be produced 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.
Right of appeal. 
Cap. 9.
 25. Notwithstanding the provisions of the Criminal Code, the
Attorney General shall have a right of appeal to the Court of
Criminal Appeal from any judgment given by the Court of
Magistrates in respect of criminal proceedings arising out of the
provisions of this Act.
Prescription. 
Cap. 9.
 26. Notwithstanding the provisions of the Criminal Code or of
any other law, criminal action for offences under this Act is
                       COMPETITION [ CAP. 379.        15
prescribed by the lapse of five years.
Compromise 
penalties.
Added by:
XXVIII. 2000.26.
26A. Notwithstanding the foregoing provisions of this Act, in
the case of an offence against article 17, where the Director after
making the investigation that led to the Cease and Desist Order in
accordance with article 12A, had not made a report to the
Commission in accordance with article 13, the Director may
impose a penalty of not less than one hundred liri and not more than
two thousand liri as an alternative to proceedings in Court.
Extinction of 
criminal liability in 
certain cases.
Added by:
XXVIII. 2000.26.
26B. Notwithstanding any other provision of this Act, the
Director  may, only as far as the provisions of this Act are
concerned, enter into an agreement in writing with the offender
whereby the said offender pays or gives security to the satisfaction
of the Director for the payment of a sum being not less than fifty
per centum  of the minimum penalty applicable for the offence and
not more than seventy  per centum  of the maximum penalty
applicable for the offence as the Director may with the concurrence
of the Commission establish and upon the signing of the agreement
by the Director and the offender all criminal liability of the
offender under this Act with regard to the offence in relation to
which the agreement has been entered shall be extinguished:
Provided that where the penalty for the offence is a sum
fixed with no minimum or maximum then the sum payable under
such agreement shall be fixed as aforesaid in an amount being not
less than twenty and not more than seventy  per centum  of such
penalty.
Certain matters to 
be referred to 
Commission.
  27. Where before any court of civil jurisdiction it is alleged
that any agreement or decision is null and unenforceable in
accordance with article 5(2), that court shall, unless the allegation
is admitted by all the parties to the case, stay the proceedings and
refer the matter to the Commission which shall have the right to
determine the question and the court shall decide the matter in
accordance with the decision of the Commission.
Decisions of 
Commission final.
Cap. 12.
28. (1) The decisions of the Commission shall be final.
(2) It shall not be lawful to issue any precautionary warrant
referred to in the Code of Organization and Civil Procedure against
the Commission.
Reciprocity 
agreements.
 29. Notwithstanding anything contained in this Act the
Director may, within the context of a reciprocity agreement in
matters of mutual assistance relating to competition practices, pass
documents and disclose information in his possession to authorities
outside Malta having responsibility in competition matters and who
are restricted in divulging such information in an analogous manner
and purpose to that of the Director under this Act.
Applicability of 
Act to government 
departments.
Substituted by:
XXVIII. 2000.27.
30. (1) Subject to the provisions of subarticle (2), the
provisions of this Act shall also apply to any Government
departments or to any body corporate established by law or to any
company or other partnership in which the Government, directly or
indirectly, holds a controlling interest or to which the Government
has granted special or exclusive rights in any field.
  16      CAP. 379. ]                   COMPETITION
(2) The Minister may by order in the Gazette exempt any or all
the operations of any undertaking to which subarticle (1) applies
from the provisions of this Act.
Action in good 
faith.
Amended by:
XXVIII. 2000.28.
31. No action shall lie against any member of the Commission,
the Director, or any of his officers or contractors for any act or
omission in connection with this Act done or omitted by him unless
such act or omission were done in bad faith. 
Power to make 
regulations.
Substituted by:
XXVIII. 2000.29.
32. The Minister may from time to time make regulations for
the better carrying out of the provisions of this Act and may in
particular by such regulations prescribe rules for the control of
concentrations including concentrative joint ventures which may
prevent, restrict or distort competition within the relevant market.
Power to make 
regulations.
Added by:
XXVIII. 2000.30.
33. The Minister may by regulations:
( a ) prescribe the fees payable to the Director in
connection with any request made to him under this
Act and in connection with procedures before the
Commission;
( 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.
                       COMPETITION [ CAP. 379.        17
1. The Commission shall determine any matter before it with fairness and
impartiality and in accordance with the provisions of this Act.
2. Before entering upon their functions, the lay members of the Commission
shall take before the chairman an oath to perform their functions with fairness and
impartiality and in accordance with the provisions of this Act.
3. A member of the Commission shall abstain and may be challenged in the
same circumstances,  mutatis mutandis , as a judge of the superior courts shall abstain
or may be challenged in accordance with the Code of Organization and Civil
Procedure.
4. Any challenge shall be determined by the chairman. Decisions of the
Commission shall state the reasons therefor and clearly indicate the undertakings or
categories of undertakings to which they apply.
5. Such decisions may be made to apply limitedly to a particular area, time or
season.
6. Any decision of the Commission may be overturned or altered by the
Commission 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.
7. ( a ) Procedures before the Commission shall be commenced by a request in
writing made by the Director, or by an undertaking or a complainant
through the Director according to the provisions of this Act.
( b ) Any undertaking which shows that its operations are directly affected
by the proceedings before the Commission and any person claiming to
be the victim of, or to be adversely affected by, any breach of the
provisions of this Act constituting the merits of those proceedings,
including a consumer who so claims or a registered consumers
association acting on behalf of consumers generally, may request in
writing to be admitted to intervene in the proceedings before the
Commission at any stage thereof.
( c ) For the purposes of paragraph ( b ) hereof, a registered consumers
association means a Consumers Association registered in accordance
with the Consumer Affairs Act.
8. Meetings of the Commission shall be held  in camera :
Provided that:
( a ) the Director shall have a right to be present during all meetings;
( b ) the relevant undertaking and any complainant shall have a right to make
submissions on any matter before the Commission, as well as to present
any documents or other evidence that may be relevant to the matter.
9. Before proceeding with any complaint, the Commission shall first determine
whether the complaint is admissible, and shall inform the complainant of any such
SCHEDULE Amended by:XXVIII. 2000.31.
(Article 4)
Rules of Procedures relative to the Commission for Fair Trading
  18      CAP. 379. ]                   COMPETITION
determination.
10. The Commission shall also inform the Director, the relevant undertaking and
the complainant of any decision on the matter before it.
Where a report is sent to the complainant, the chairman of the Commission shall
ensure that any confidential business information on the undertaking subject of the
proceedings is not included in the report.
11. The Commission shall have, exercisable through its chairman, the powers
vested in the Civil Court, First Hall, and in particular the power to summon
witnesses, the power to appoint expert witnesses and referees and the power to
administer the oath.
Where a witness duly summoned fails to appear on the day on which he is
summoned, the chairman may order the Police to arrest such witness and produce
him before the Commission to give evidence.
12. The Commission may at any stage in any proceedings before it require the
Office for Fair Competition to carry out investigations on any matter which it deems
necessary.
13. Without prejudice to article 19, decisions of the Commission shall be
published in such manner as the chairman of the Commission with the concurrence
of the Director may determine:
 Provided that the chairman shall ensure that no business secret of any undertaking
shall be disclosed.
 14. In the interpretation of this Act, the Commission shall have recourse to its
previous decisions and to the interpretation given by the institutions of the European
Union on the provisions of the relevant provisions of the treaties, directives,
regulations and decisions of the European Union relative to competition.
