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Annalies Muscat

Annalies Muscat is a senior associate within the competition and commercial practice of the firm. As a member of the competition group, she advises various businesses in different industries (such as manufacturing, utilities, food and beverage, entertainment, telecommunications, import and export, co-operatives) on competition issues. This includes making submissions to and representing clients in front of the Office for Competition, the Competition and Consumer Appeals Tribunal, the civil courts and regulators as well as advising on contracts and mergers and acquisitions. As a member of the commercial practice of the firm, she assists and advises clients on various contractual issues; advises clients on consumer law related matters; and also has experience of capital markets, having assisted clients with bond issues and initial public offerings and other corporate governance matters.

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Constitutional Court Confirms that Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings Corporate and M&A

Constitutional Court Confirms that Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings

This article was written by Dr Annalies Muscat and Dr Laura Spiteri. On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et.The main issue in this case was whether the procedure laid down in the Financing of Political Parties Act ('the Act') violates Article 39 of the Constitution and Article 6 of the European Court of Human Rights ('the ECHR'). The plaintiff political party had filed a case before the First Hall in its Constitutional jurisdiction arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial…
Annalies Muscat
18th October 2018
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Office for Competition Issues its First Commitments Decision: Exclusivity Agreements for Five Years or More Raise Competition Concerns Antitrust, Competition and Trade

Office for Competition Issues its First Commitments Decision: Exclusivity Agreements for Five Years or More Raise Competition Concerns

This article was written by Dr. Annalies Muscat and Dr. Laura Spiteri.On the 29 May 2018, the Office for Competition ('the Office') issued a decision to accept commitments offered by St Edward's College and In Design (Malta) Limited. This appears to be the first commitments decision taken by the Office since the introduction of this procedure in 2011. The decision was taken under Article 12C(1) of the Competition Act ('the Act'), which states that where the Director General intends to adopt a decision requiring that an infringement be brought to an end and the undertaking concerned offers commitments to meet…
Annalies Muscat
10th October 2018
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Office for Competition Issues its First Commitments Decision: Exclusivity Agreements for Five Years or More Raise Competition Concerns Antitrust, Competition and Trade

Office for Competition Issues its First Commitments Decision: Exclusivity Agreements for Five Years or More Raise Competition Concerns

This article was written by Dr. Annalies Muscat and Dr. Laura Spiteri.On the 29 May 2018, the Office for Competition ('the Office') issued a decision to accept commitments offered by St Edward's College and In Design (Malta) Limited. This appears to be the first commitments decision taken by the Office since the introduction of this procedure in 2011. The decision was taken under Article 12C(1) of the Competition Act ('the Act'), which states that where the Director General intends to adopt a decision requiring that an infringement be brought to an end and the undertaking concerned offers commitments to meet…
Annalies Muscat
10th October 2018
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Proposed Amendments to the Competition Act and the Consumer Affairs Act Antitrust, Competition and Trade

Proposed Amendments to the Competition Act and the Consumer Affairs Act

This article was written by Dr. Annalies Muscat  & Dr. Laura Spiteri. On the 10 August 2018, the Government of Malta launched a public consultation procedure in relation to proposed amendments to the Competition Act, the Consumer Affairs Act, the Malta Consumer and Competition Affairs Authority Act, and other related legislation.A draft Bill was also published.The amendments proposed to the abovementioned regulations aim to address the considerations made following the judgement of the Constitutional Court in Federation of Estates Agents v Direttur Ġenerali (Kompetizzjoni) et, of the 3 May 2016 (you can read our article on this judgment here. Although there has not yet…
Annalies Muscat
1st September 2018
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Proposed Amendments to the Competition Act and the Consumer Affairs Act Antitrust, Competition and Trade

Proposed Amendments to the Competition Act and the Consumer Affairs Act

This article was written by Dr. Annalies Muscat  & Dr. Laura Spiteri. On the 10 August 2018, the Government of Malta launched a public consultation procedure in relation to proposed amendments to the Competition Act, the Consumer Affairs Act, the Malta Consumer and Competition Affairs Authority Act, and other related legislation.A draft Bill was also published.The amendments proposed to the abovementioned regulations aim to address the considerations made following the judgement of the Constitutional Court in Federation of Estates Agents v Direttur Ġenerali (Kompetizzjoni) et, of the 3 May 2016 (you can read our article on this judgment here. Although there has not yet…
Annalies Muscat
1st September 2018
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The ‘New Deal for Consumers’ – better consumer protection within the EU Corporate and M&A

The ‘New Deal for Consumers’ – better consumer protection within the EU

On 11 April 2018, the European Commission adopted the New Deal for Consumers – a package composed of two proposals for Directives and a Communication.The proposed Directives concern: (i) representative actions for the protection of the collective interests of consumers, and the repeal of the Injunctions Directive; and (ii) amendments to the Unfair Contract Terms Directive, Price Indications Directive, Unfair Commercial Practices Directive and the Consumer Rights Directive.Whilst the first proposal is aimed at improving the tools to stop illegal practices and facilitate redress for consumers, the second is aimed at improving enforcement and modernising EU consumer legislation in light…
Annalies Muscat
17th April 2018