Competition law is a key area of risk for businesses and is becoming increasingly critical due to increased scrutiny by both European and national authorities. In Malta, competition by undertakings is regulated through the Competition Act which transposes the relevant provisions of the EC Treaty into Maltese law. Rules regulating competition, prohibit anti-competitive behaviour and ensure that enterprises can compete on a fair and level playing field.
Maltese law prohibits any form of collusion between independent undertakings which has the object or effect of restricting competition between them. Furthermore, the law seeks to regulate the unilateral behaviour of undertakings which are in a dominant position, not by prohibiting such dominance, but by prohibiting the abuse of such dominance.
EMD is in a position to provide its clients with all the advice or assistance they require in relation to Competition law matters, both on a national as well as on a European level, including the bringing of claims in relation thereto or the defence thereof before the appropriate fora.
The firm has assisted clients in issues relating to competition law in various instances, particularly by reviewing commercial arrangements and contracts and ensuring that these comply with competition law and in the case of mergers and acquisitions.