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Amendments to the Consumer Affairs Act – new procedural safeguards for traders in public enforcement proceedings Corporate and M&A

Amendments to the Consumer Affairs Act – new procedural safeguards for traders in public enforcement proceedings

This article was written by Dr Annalies Muscat and Dr Laura SpiteriOn the 31 May 2019, Parliament enacted the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act ("the Amendment Act").As the name implies, the Amendment Act amends not only the Competition Act (read more here), but also the Consumer Affairs Act ("the Act"). It is clear that following the Constitutional Court judgments in Federation of Estate Agents v Direttur Generali (Kompetizzjoni) et of 3 May 2016 and Thake et vs Electoral Commission of 8 October 2018 the need to amend the Consumer Affairs Act was felt. These…
Annalies Muscat
9th July 2019
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Amendments to the Consumer Affairs Act – new procedural safeguards for traders in public enforcement proceedings Corporate and M&A

Amendments to the Consumer Affairs Act – new procedural safeguards for traders in public enforcement proceedings

This article was written by Dr Annalies Muscat and Dr Laura SpiteriOn the 31 May 2019, Parliament enacted the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act ("the Amendment Act").As the name implies, the Amendment Act amends not only the Competition Act (read more here), but also the Consumer Affairs Act ("the Act"). It is clear that following the Constitutional Court judgments in Federation of Estate Agents v Direttur Generali (Kompetizzjoni) et of 3 May 2016 and Thake et vs Electoral Commission of 8 October 2018 the need to amend the Consumer Affairs Act was felt. These…
Annalies Muscat
9th July 2019
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Circular Economy: Directive on Single-use Plastics comes into force Corporate and M&A

Circular Economy: Directive on Single-use Plastics comes into force

This article was written by Dr Annalies Muscat and Dr Laura SpiteriOn 2 July 2019, Directive 2019/904 on the reduction of the impact of plastic products on the environment (the 'Directive') came into force. The Directive aims to prevent and reduce the impact of certain plastic products on the environment (1) and, in so doing, promotes the transition to a circular economy that seeks to give priority to sustainable and non-toxic re-usable products and re-use systems as opposed to single-use plastic products. (2) Single-use plastic products are those products manufactured wholly or partly from plastic that is not designed or placed on…
Annalies Muscat
4th July 2019
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Circular Economy: Directive on Single-use Plastics comes into force Corporate and M&A

Circular Economy: Directive on Single-use Plastics comes into force

This article was written by Dr Annalies Muscat and Dr Laura SpiteriOn 2 July 2019, Directive 2019/904 on the reduction of the impact of plastic products on the environment (the 'Directive') came into force. The Directive aims to prevent and reduce the impact of certain plastic products on the environment (1) and, in so doing, promotes the transition to a circular economy that seeks to give priority to sustainable and non-toxic re-usable products and re-use systems as opposed to single-use plastic products. (2) Single-use plastic products are those products manufactured wholly or partly from plastic that is not designed or placed on…
Annalies Muscat
4th July 2019
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Substantial Amendments to the Competition Act – the Salient Features Antitrust, Competition and Trade

Substantial Amendments to the Competition Act – the Salient Features

This article was written by Dr Annalies Muscat and Dr Laura SpiteriThe Competition Act and Consumer Affairs Act and other Laws (Amendment) Act ("the Amendment Act") was enacted on 31 May 2019. Parliament had first proposed amendments to the Competition Act (Cap 379 of the Laws of Malta) (the 'Act') following the Constitutional Court decision Federation of Estate Agents v Direttur Generali (Kompetizzjoni) et of 3 May 2016.After a public consultation and the Constitutional Court decision in Thake et vs Electoral Commission of 8 October 2018, a bill was presented to Parliament (see here ) with proposed amendments intended to…
Annalies Muscat
3rd July 2019
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CJEU: Change in ownership of company renders purchaser liable for anti-competitive behaviour of predecessor Antitrust, Competition and Trade

CJEU: Change in ownership of company renders purchaser liable for anti-competitive behaviour of predecessor

This article is written by Dr Annalies Muscat and Dr Laura SpiteriOn the 14 March 2019, the Court of Justice of the European Union ('CJEU') handed down the judgement of Vantaan kaupunki v. Skanska Industrial Solutions Oy, NCC Industry Oy, Asfaltmix Oy where it concluded that if a company changes ownership, the restructured company or the purchasing company can be held liable for the anti-competitive behaviour of its predecessors, not justin public enforcement actions but also in private actions. The case dealt with a group of Finnish companies that formed a cartel in the asphalt market between 1994 and 2002…
Annalies Muscat
24th April 2019