Public enforcement of competition law in Malta

Abstract

Malta is currently without an effective public authority with powers to safeguard public interests and oversee the effect application of competition law – that is not say that there is no public authority, but rather, at the present, it holds very little power in enforcing its authority. This Term Paper seeks to better understand the field of competition law in Malta, specifically from a public enforcement point of view. Competition law is a relatively modern subject, being first formally regulated in 1995 with the advent of the Competition Act (Cap.379 of the Laws of Malta). This Paper is divided into three parts, namely; i) the Public Enforcement of Competition law in Malta in the period 1995 – 2011, ii) the subsequent amendments and the changes that were introduced, and iii) the Federation of Estate Agents case, which posed a constitutional challenge to the 2011 amendments which have left the public authority responsible for overseeing the effective implementation of competition law virtually powerless. A thorough analysis of the powers conferred to the Director General of the Office for Competition through Act VI of 2011 is presented in this paper, as well as a comprehensive summary of the Federation of Estate Agents case, both at First Hall and at Constitutional Appeal level, together with the lasting effects the latter had on the Office's powers. This Paper also proposes alternatives to what possible measures can be adopted in the vacuum left by the Federation of Estate Agents judgement.