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Corporate and M&A

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The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation Corporate and M&ALitigation & Dispute Resolution

The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation

This article was written by Dr Richard Camilleri, Dr Annalies Muscat and Dr Laura SpiteriIn Thake et v Kummissjoni Elettoraliet, decided on the 8 October 2018, the Constitutional Court held that when it is alleged that a criminal offence has been committed or the severity of the fine imposed means that the conduct in question is deemed to be of a criminal nature, the matter must be determined solely by a court and not by any other body or judicial organ (see more here). This line of reasoning confirms the decision of the same court in Federation of Estate Agents…
Richard Camilleri
25th October 2018
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Unfair Trading Practices in the Food Industry Corporate and M&A

Unfair Trading Practices in the Food Industry

In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain, following a resolution by the European Parliament in 2016 for the Commission to submit a proposal in this regard. Presently, there is little harmonisation on how Member States combat unfair trading practices, with some Member States, including Malta, having no such legislation in place.The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small and medium-sized enterprise ('an SME') and the buyer is not. Small operators in the food supply…
Laura Spiteri
24th October 2018
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Unfair Trading Practices in the Food Industry Corporate and M&A

Unfair Trading Practices in the Food Industry

In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain, following a resolution by the European Parliament in 2016 for the Commission to submit a proposal in this regard. Presently, there is little harmonisation on how Member States combat unfair trading practices, with some Member States, including Malta, having no such legislation in place.The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small and medium-sized enterprise ('an SME') and the buyer is not. Small operators in the food supply…
Laura Spiteri
24th October 2018
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Unfair Trading Practices in the Food Industry Corporate and M&A

Unfair Trading Practices in the Food Industry

In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain, following a resolution by the European Parliament in 2016 for the Commission to submit a proposal in this regard. Presently, there is little harmonisation on how Member States combat unfair trading practices, with some Member States, including Malta, having no such legislation in place.The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small and medium-sized enterprise ('an SME') and the buyer is not. Small operators in the food supply…
Laura Spiteri
24th October 2018
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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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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