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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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Tower Crane Passing over Airspace Owned by a Third Party Real Estate & Construction

Tower Crane Passing over Airspace Owned by a Third Party

The passing of a tower crane over airspace owned by a third party is an invasion of such party's airspace. Ownership of the airspace over one's property is a basic legal concept, and the law protects against an invasion of property that is not permitted by law.The law does permit third party use of a person's property in certain situations. These are 'easements' or servitudes. They can be created by special laws (such as the rights given to aircraft), and by the Civil Code (such as the necessary right of way).The special laws that refer to construction and cranes do…
David Grech
9th October 2018
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Tower Crane Passing over Airspace Owned by a Third Party Real Estate & Construction

Tower Crane Passing over Airspace Owned by a Third Party

The passing of a tower crane over airspace owned by a third party is an invasion of such party's airspace. Ownership of the airspace over one's property is a basic legal concept, and the law protects against an invasion of property that is not permitted by law.The law does permit third party use of a person's property in certain situations. These are 'easements' or servitudes. They can be created by special laws (such as the rights given to aircraft), and by the Civil Code (such as the necessary right of way).The special laws that refer to construction and cranes do…
David Grech
9th October 2018
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Transfer of Business Requirements Considered in Employment Related Dispute Employment and Industrial RelationsLegal Updates

Transfer of Business Requirements Considered in Employment Related Dispute

 In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities.Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage being the transfer of the undertaking from the original lessee…
MamoTCV Advocates
9th October 2018
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Transfer of Business Requirements Considered in Employment Related Dispute Employment and Industrial RelationsLegal Updates

Transfer of Business Requirements Considered in Employment Related Dispute

 In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities.Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage being the transfer of the undertaking from the original lessee…
MamoTCV Advocates
9th October 2018