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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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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
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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
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Mamo TCV Advocates at the Annual Consumer Law Conference Corporate and M&A

Mamo TCV Advocates at the Annual Consumer Law Conference

Dr Annalies Muscat, a senior associate, gave a presentation entitled 'Protecting the consumer in the digital marketplace – where are we so far?' at the Annual Consumer Law Conference, which is held on World Consumer Rights Day, 15 March.The Conference is organised jointly by the Department of Commercial Law, within the Faculty of Laws at the University of Malta, and the Malta Law Academy of the Chamber of Advocates, Malta. The theme of this year's conference was 'Consumer Protection: The Struggle Continues!'.Dr Muscat's presentation focused on how the consumer operating on the digital marketplace is at present protected by the…
Annalies Muscat
16th March 2018
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Mamo TCV Advocates at the Annual Consumer Law Conference Corporate and M&A

Mamo TCV Advocates at the Annual Consumer Law Conference

Dr Annalies Muscat, a senior associate, gave a presentation entitled 'Protecting the consumer in the digital marketplace – where are we so far?' at the Annual Consumer Law Conference, which is held on World Consumer Rights Day, 15 March.The Conference is organised jointly by the Department of Commercial Law, within the Faculty of Laws at the University of Malta, and the Malta Law Academy of the Chamber of Advocates, Malta. The theme of this year's conference was 'Consumer Protection: The Struggle Continues!'.Dr Muscat's presentation focused on how the consumer operating on the digital marketplace is at present protected by the…
Annalies Muscat
16th March 2018
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Social Networks: When are you a consumer? Corporate and M&A

Social Networks: When are you a consumer?

In Case C-498/16 Maximilian Schrems v Facebook Ireland Limited (nyr, 25 January 2018), the Court of Justice of the European Union (CJEU) had to decide when an individual who uses a social network for different purposes qualifies as a consumer.Schrems is a privacy activist, particularly against Facebook. He brought an action before the Austrian courts against Facebook alleging various breaches of privacy laws.The issue arose whether (i) Schrems could be considered a 'consumer'; and (ii) whether he could bring an action on the basis of the Brussels I Regulation on behalf of consumers located in different Member States, who had…
Annalies Muscat
23rd February 2018
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Article on margin squeeze published in the European Competition Journal Antitrust, Competition and Trade

Article on margin squeeze published in the European Competition Journal

The article first traces the origins of the principle found in EU competition law that margin squeeze is a stand-alone type of abuse. This principle means that when determining whether an abusive margin squeeze occurred, there is no need to consider whether the retail price charged by the dominant undertaking is predatory, or whether the wholesale price is excessive, or even whether the dominant undertaking has a duty to deal. The article then considers whether the margin squeeze test adopted in EU competition law is sufficient or whether reference to the tests used for predatory pricing, exploitative pricing and/or refusal…
Annalies Muscat
15th January 2018