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Agreement Regarding the Distribution of LPG in Malta Held to be in Breach of the Competition Rules Antitrust, Competition and Trade

Agreement Regarding the Distribution of LPG in Malta Held to be in Breach of the Competition Rules

This article was written by Dr Richard Camilleri and Dr Annalies Azzopardi.In a decision in the names Uffiċċju għall-Kompetizzjoni Ġusta v Korporazzjoni Enemalta et handed down on 4 October 2016, the Competition and Consumer Appeals Tribunal ("the Tribunal") found that the various gas distributors, the GRTU, an association which represented the said distributors, and Enemalta plc, then Enemalta Corporation ("Enemalta") had breached the competition rules by dividing Malta and Gozo into various 'territories' for the purpose of distributing LPG in cylinders. These various undertakings and association of undertakings were therefore found to have breached Article 5(1) of the Competition Act…
Richard Camilleri
3rd January 2017
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Mamo TCV Obtains Favourable Decision for Plaintiffs in Insurance Proceedings Insurance & Reinsurance

Mamo TCV Obtains Favourable Decision for Plaintiffs in Insurance Proceedings

In a judgement dated 31st October 2016 presided by Mr. Justice Anthony Ellul, in the names Atlas Insurance PCC Ltd and Middlesea Insurance plc in their name and as subrogated in the rights of the insured Attard Bros Company Ltd vs Elmo Insurance Ltd, the Civil Court, First Hall held that the concept of double insurance in terms of English law was recognised in Malta and therefore the defendant company was obliged to contribute to the payment made by the plaintiff companies. This decision makes an important contribution to the body of Maltese insurance substantive law.This case focused on two…
Joseph Borg Bartolo
22nd December 2016
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Legal Implications of Cloud Technology Telecoms, Media & Technology

Legal Implications of Cloud Technology

Dr. Claude Micallef-Grimaud recently spoke on behalf of Microsoft Corporation ('Microsoft') at a half-day public seminar organised by the Malta IT Law Association (MITLA) on the topic of 'trust in cloud technology'. The event took place on 12th December 2016 at SmartCity Malta (SCM). Throughout his presentation, Dr. Micallef-Grimaud used Microsoft itself as a case-study to analyze what certain cloud service providers do to earn public trust in modern technology like 'the cloud'. The main point that he raised was that if people don't trust new technology, they simply won't use it and if that happens, innovation will grind to…
Claude Micallef Grimaud
14th December 2016
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Occupational Health and Safety Legislation Employment and Industrial Relations

Occupational Health and Safety Legislation

​Recently, Dr. Christine Calleja delivered a lecture on health and safety legislation organised by Business Leaders Academy. Health and safety legislation can be a minefield for employers. The Occupational Health and Safety Authority Act and the Regulations issued under it (around 30 in number) regulate issues varying from compulsory eye-sight checks for workers to the number of sanitary conveniences which need to be present at the workplace. The law imposes a wide range of obligations on the employer to ensure at all times the health and safety not only of workers, but also that of other persons who may be affected…
Christine Calleja
28th November 2016
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Constructive Dismissal Employment and Industrial Relations

Constructive Dismissal

Dr. Christine Calleja recently delivered a three-hour seminar, organised by Society Education, on the topic of 'Constructive Dismissal'. Whilst most employers are aware of the legal consequences they may face in cases of unlawful termination of employment, including sometimes rather hefty awards ordered by the Industrial Tribunal, the concept of 'constructive dismissal' will not be familiar to many. In certain situations, which can be interpreted as amounting to a breach of contract, the employee may be entitled to resign and bring forward a claim for unfair dismissal, even though such employee was never directly dismissed. The extent to which the…
Christine Calleja
25th November 2016
Recognised Incorporated Cell Companies Investment Services & Funds

Recognised Incorporated Cell Companies

​BackgroundBy virtue of the Companies Act (Investment Companies with Variable Share Capital) Regulations, it has been possible, since 2003, to set up a multi-fund company licensed as a collective investment Scheme in Malta. The distinguishing feature of this type of umbrella-structure company is that several sub-funds can be set up within the company, with each sub-fund having its own segregated assets and liabilities. The assets and liabilities of each sub-fund are distinct from the assets and liabilities of the other sub-funds under the same umbrella structure. Furthermore, each sub-fund obtains its own licence as, for instance, a professional investors fund…
Katya Tua
21st November 2016