The Malta Bargains Decision – Clarifying the Position of Authorities

In a recent judgement of the Competition and Consumer Tribunal, the Office for Competition obtained confirmation that a public authority, in its dealings with market players, does not qualify as an ‘undertaking’ in terms of the Competition Act, unless it is actually performing a commercial function in the market. The case concerned a subsidy granted by the Malta Tourism Authority to tourism operators: the claimant alleged that the authority discriminated against it in the grant of said subsidy when compared … Continued