Jul
03

Substantial Amendments to the Competition Act – the Salient Features

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This article was written by Dr Annalies Muscat and Dr Laura Spiteri The Competition Act and Consumer Affairs Act and other Laws (Amendment) Act ("the Amendment Act") was enacted on 31 May 2019. Parliament had first proposed amendments to the Competition Act (Cap 379 of the Laws of Malta) (the 'Act') following the Constitutional Court decision Federation of Estate Agents v Direttur Generali (Kompetizzjoni) et of 3 May 2016.After a public consultation and the Constitutional Court decision in Thake et vs Electoral Commission of 8 October 2018, a bill was presented to...
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May
10

Commission accepts commitments offered by Visa and Mastercard on inter-regional interchange fees

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Following the feedback sought by the European Commission (the 'Commission') regarding the commitments offered by Visa and Mastercard further to the Statement of Objections issued by the Commission regarding the competition concerns raised by inter-regional interchange fees ('inter-regional MIFs') for payment transactions, the Commission has accepted the commitments offered by Visa and Mastercard ( read more here ). These commitments shall be applicable for a period of five years and six months and shall concern inter-regional MIFs applied to payment transactions m...
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Apr
24

CJEU: Change in ownership of company renders purchaser liable for anti-competitive behaviour of predecessor

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This article is written by Dr Annalies Muscat and Dr Laura Spiteri On the 14 March 2019, the Court of Justice of the European Union ('CJEU') handed down the judgement of Vantaan kaupunki v. Skanska Industrial Solutions Oy, NCC Industry Oy, Asfaltmix Oy [1] where it concluded that if a company changes ownership, the restructured company or the purchasing company can be held liable for the anti-competitive behaviour of its predecessors, not justin public enforcement actions but also in private actions. The case dealt with a group of Finnish companies that formed a c...
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Feb
08

MasterCard Fined €570 Million for Breaching Competition Rules

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This article was written by​ Dr Annalies Muscat and Dr Laura Spiteri.​ On 22 January 2019, the European Commission ("the Commission) fined MasterCard for limiting the possibility for retailers to benefit from lower interchange fees in other Member States.This follows the call for feedback on commitments offered by Visa and MasterCard regarding the competition concerns raised by inter-regional interchange fees for payment card transactions ( read more here ). The fine comes as a response to MasterCard's breach of competition rules, which MasterCard admitted to. Pri...
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Jan
10

EU Adopts Regulation Prohibiting Geo-Blocking

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This article was written by​ Dr Annalies Muscat and Dr Laura Spiteri.​ The European Commission (the 'Commission') has adopted an e-commerce package that included the adoption of different laws with the aim of making it easier for European consumers to shop online throughout the European Union (the 'EU'). One of the measures adopted was Regulation 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market (the 'Regulation'). The Regul...
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