Competition Law in Malta is largely based on Articles 81 and 82 of the EC Treaty and the practice developed by the European Commission and by the European Court of Justice.
The Office of Fair Trade, and the Commission for Fair Competition, deal with matters relating to violations of the Competition Act in Malta. This Act centres around the above captioned Articles, while adapting them to the local scenario.
Services offered in this sector include actions before the said Office, as well as legal advice as to compatibility of agreements and practices with the said Act.
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Formerly referred to as Telecommunications Law, this new sector encompasses a wider spectrum of services since the law now attempts be as technologically neutral as possible.
The new EU regulatory framework imposes a number of obligations on the Member States to further open up their telecom markets to competition, including lightening of authorisation regimes and reducing the number of sector-specific obligations that are imposed on market players.
This new system attempts to apply in a more generic fashion the Competition Law principles under Articles 81 and 82 of the EC Treaty. This will entail the involvement of the Competition Authorities besides the National Regulatory Authorities for Electronic Communications.
While there is one Framework Directive, the Specific Directives outline those obligations, remnants of the previous regime, which have to be applied in the absence of competition.
Malta has transposed this framework, and it is already in force.
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