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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One of ranges of services offered is within the field of company law.
Company formation is a procedure requiring the setting up of Memorandum and Articles of Association to govern the operations of the company, particularly shareholding, directors, competence of shareholders and of directors, capital, etcetera. The modalities of action of the new company have to be selected carefully, while the interests of all members have to be taken into account when drafting the Memorandum and Articles of Association. Moreover, when certain changes take place within the company structure, these have to be registered with the Registry of Companies, within the Malta Financial Services Authority.
Maltese law largely reflects EU law in this field, while also having its roots in English company law.
Companies formed in Malta require the services of a company secretary, who will ensure that certain formalities are carried out and will oversee meetings of the shareholders to ensure that transactions are carried out according to law and according to the Memorandum and Articles. This service is also offered.
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Having a warrant to practise before courts at all levels in Malta, I can assist in any type of litigation and/or arbitration which a client may be faced with.
The Maltese Civil Courts can be categorised into the Court of Inferior Jurisdiction and that of Superior Jurisdiction. The latter category is once again subdivided into the Magistrates Courts and the Small Claims Tribunal. I have experience in all of these, and can offer my services in all respects.
The Maltese Civil Courts are the main setting for this, but the Malta Arbitration Centre is fast taking on an important role in the resolution of disputes. My experience also extends to sittings before this Tribunal as well as other ad hoc tribunals such as Consumer Claims Tribunal, Industrial Tribunal and Electronic Communications Appeals Board.
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