A critical analysis of the leading decisions of the Commission for Fair Trading

Abstract

This thesis will examine the decisions of the Malta Commission for Fair Trading which is the judicial body responsible for deciding competition law issues in Malta. Thus the bulk of the thesis will essentially be an analysis of the decisions of the Commission, whether concerning anticompetitive agreements or abuse of dominance. However, such an analysis would be useless without also placing the Commission within the EU and local structure thus its relationship with the EU institutions and instruments and the ordinary courts will also be considered, especially where any pronouncements are made in the decisions of the Commission for Fair Trading. Finally, certain procedural issues considered by the Commission will also be examined. Chapter 1 will introduce the Commission for Fair Trading, determine why the Commission is to be considered a national court in terms of EU law, delineate how the Commission is seized of a case and delve into the remedies it can offer. Chapter 2 will consider the notions of competition law as defined by the Commission. Chapters 3 to 6 are the contextual chapters of this thesis. Chapter 3 will deal with the decisions relating to the horizontal agreements which breach Article 5 of the Competition Act. Chapter 4 then considers the vertical agreements which do so. Chapters 5 and 6 examine the decisions on abuse of dominance; the latter considers pricing practices whilst the former analyses the decisions relating to non-pricing practices. Chapter 7 examines certain procedural matters such as interim measures but also considers other pronouncements made by the Commission such as pronouncements relating to what it considers its role to be and 'concurrency' of jurisdiction. A brief overview of judicial review will also be made. Finally Chapter 8 elaborates on the conclusions which may be drawn from the decisions of the Commission for Fair Trading and any amendments which could be forthcoming in order to make the competition law system in Malta more efficient and moreover more just.