Din il-liġi tirregola l-kompetizzjoni u l-kummerċ ġust f'Malta, u tippermetti l-applikazzjoni tar-Regolament tal-Kunsill (KE) 1/2003. Hija tipprojbixxi ftehimiet u prattiċi li jfixklu l-kompetizzjoni, kif ukoll l-abbuż ta' pożizzjoni dominanti.
not) which is formed for the purpose of furthering the trade interest of its members
of persons represented by its members; "Authority" means the Malta Competition and Consumer Affairs Authority established by article 3 of the Malta Competition and Consumer Affairs Authority Act; "the Board" means the Board of Governors as established by article 8 of the Malta Competition and Consumer Affairs Authority Act; "competition authority" means a national competition authority, the European Commission
both, as the context may require; "Court" means the Civil Court (Commercial Section) established by article 3 of the Civil Courts (Establishment of Sections)
der; "Director General" means the Director General (Competition) as appointed by article 13 of the Malta Competition and Consumer Affairs Authority Act; "document" includes information recorded in any form; "dominant position" means a position of economic strength held by one
more undertakings which enables it
them to prevent effective competition being maintained on the relevant market by affording it
them the power to behave, to an appreciable extent, independently of its
their competitors, suppliers
customers; "European Commission" means the European Commission as established by article 13 of the Treaty on European Union; "European Competition Network" means the network of public authorities formed by the national competition authorities and the European Commission to provide a forum for discussion and cooperation as regards the application and enforcement of Articles 101 and 102 of the TFEU; "Member States" means all Member States of the European Union; "Minister" means the Minister responsible for competition matters; Short title. Interpretation. Amended by: XXVIII. 2000.2; III. 2004.126; VI. 2011.121; XVI.2019.30; XLV.2021.3. S.L. 12.19. COMPETITION "National Competition Authority" means a national competition authority as designated in terms of Article 35
limited to any particular area
locality within Malta,
outside Malta, and whether
not restricted to a particular period of time
season of the year; "restrictive practice" means an agreement between undertakings, a decision by an association of undertakings
a concerted practice prohibited under article 5 of this Act
of the TFEU and,
an abuse by one
more undertakings of a dominant position prohibited under article 9 of this Act
of the TFEU; "settlement submissions" means a voluntary presentation by,
on behalf of, an undertaking and,
an association of undertakings to the Office, describing the undertaking's and,
association of undertakings’ acknowledgement of,
its renunciation to dispute, its participation in an infringement of articles 5 and,
9 of the Act and,
Articles 101
102 of the TFEU and its responsibility for that infringement, which was drawn up specifically to enable the Office to apply a simplified
expedited procedure in terms of article 12B of the Act "TFEU" means the Treaty on the Functioning of the European Union; "total worldwide turnover" means the annual total worldwide turnover of an undertaking and,
association of undertakings concerned; "undertaking" means any person whether an individual, a body corporate
otherwise,
any other entity engaged in an economic activity, regardless of its legal status and the way in which it is financed. Responsibility of the Director General and the Court. Amended by: XXVIII. 2000.3; III. 2004.
effect of preventing, restricting
distorting competition within Malta
any part of Malta and in particular, but without prejudice to the generality of this sub-article, any agreement, decision
practice which: (a) directly
indirectly fixes the purchase
selling price
other trading conditions;
(b) limits
controls production, markets, technical development
investment;
(c) shares markets
sources of supply;
(d) imposes the application of dissimilar conditions to equivalent transactions with other parties outside such agreement, thereby placing them at a competitive disadvantage;
(e) makes the conclusion of contracts subject to the acceptance by the other parties of supplementary obligations which, by their nature
according to commercial usage, have no connection with the subject of such contracts.
decisions prohibited in accordance with subarticle
(b) any decision by an association of undertakings;
(c) any concerted practice, which contributes towards the objective of improving production
distribution of goods
services
promoting technical
economic progress and which allows consumers a fair share of the resultant benefit and which does not: (i) impose on undertakings concerned any restriction which is not indispensable to the attainment of the said objective;
(ii) give the undertakings concerned the possibility of eliminating
significantly reducing competition in respect of a substantial part of the products to which the agreement, decision
concerted practice refers.
association of undertakings claiming the benefit of sub-article
any concerted practice may appreciably affect trade between Malta and any one
more Member States.
concerted practices which may affect trade between Member States but which do not restrict competition within the meaning of Article 101
which fulfil the conditions of Article 101
which are covered by a Regulation for the application of Article 101
concerted practices between undertakings shall not be subject to the prohibition in article 5
practice on the relevant market is minimal.
is not minimal, consideration shall be given to all relevant circumstances including the aggregate share of all the undertakings concerned of the relevant market.
concerted practice satisfy the requirements mentioned in article 5
more undertakings of a dominant position within Malta
any part of Malta is prohibited.
more undertakings shall be deemed to abuse of a dominant position, where it
they (a) directly
indirectly impose an excessive
unfair purchase
selling price
other unfair trading conditions; (b) limit production, markets
technical development to COMPETITION the prejudice of consumers; (c) apply dissimilar conditions, including price discrimination to equivalent transactions with different trading parties, thereby placing any
some of the trading parties at a competitive disadvantage; (d) make the conclusion of contracts subject to the acceptance by the other party of supplementary obligations which, by their nature
according to commercial usage, have no connection with the subject of such contracts.
selling price is excessive
unfair, all relevant factors shall be considered and in particular: (
increases in the price over the long and short term; (
other risks associated with bringing the product to the market; (
possible changes in the market for the product; and (j) the price charged for the product by other undertakings in Malta and by the same
other undertakings in other analogous markets.
more Member States.
other circumstances suggest that competition may be restricted
distorted within the Maltese market, the Director General may conduct an inquiry into a particular sector of the economy
into a particular type of agreements across various sectors. In the course of that inquiry, the Director General may request the undertakings
association of undertakings concerned to supply the information necessary for the application of articles 5 and 9 of the Act and Articles 101 and 102 of the TFEU and may carry out any Negative clearance. Substituted by: XXVIII. 2000.10. Price
ders. Inquiries into sectors of the economy and into types of agreements. Added by: VI. 2011.
particular types of agreements across various sectors and invite comments from interested parties before publishing the final report. 12.
at the request of the Minister
upon a reasonable allegation in writing of a breach of the provisions of this Act, by a complainant
at the request of any designated national competition authority of any other Member State
the European Commission.
association of undertakings to furnish him with any information
document which are accessible to such undertaking and,
association of undertakings, irrespective of where it is stored for the application of articles 5 and,
9 of the Act and,
Articles 101 and,
102 of the TFEU, which the Director General has reason to believe are necessary to the matter under investigation within such time that in the circumstances of the investigation the Director General may consider reasonable: Provided that such requests for information shall be proportionate and the Director General may also request the manner and form in which the information
document are to be produced
provided: Provided further that during the course of any investigation carried out by the Office in accordance with sub-article
legal persons to provide any information
document that may be relevant for the application of articles 5 and,
9 of this Act and,
Articles 101 and 102 of the TFEU within a specified and reasonable time limit. (b) During the course of any investigation carried out by the Office in accordance with sub-article
person may possess information relevant for the application of articles 5, and
9 of the Act and,
Articles 101 and,
102 of the TFEU, to appear for an interview at a place and time as specified by the Director General to answer questions with respect to any matter relevant to the investigation: Provided that the Director General may record the interview in any manner and form deemed appropriate by him. (c) Nothing in this sub-article may be construed as COMPETITION authorising the Director General to
der the production of any document
the disclosure of any information which may be subject to the duty of professional secrecy, except where such disclosure is allowed under the law. (d) During the course of any investigation, when a person, undertaking
association of undertakings answers to questions raised by the Office both in writing and verbally, the person, undertaking
association of undertakings concerned shall not be obliged to provide any answer which might involve an admission on its part of the existence of an infringement of articles 5, and,
9 of the Act and,
Articles 101 and,
102 of the TFEU, but it is in any event obliged to answer factual questions and to provide documents.
association of undertakings, the Director General shall state the legal basis and the purpose of the request, specify what information is required and fix a time limit within which the information is to be provided.
other confidential information, article 29 of the Malta Competition and Consumer Affairs Authority Act shall apply.
any registered consumers’ association claiming that it
its members are being adversely affected by, any breach of the provisions of this Act constituting the subject-matter of those investigations, may request in writing to make submissions before the Director General at any stage thereof and the Director General shall accede to the request if he considers it justified and determine the manner in which such submissions shall be made.
inspection, the Director General may take statements from any person, as well as make copies of any document produced to him, and the record of such statements and such copies duly attested by the Director General shall be producible as evidence before the Court and before any other court of law.
his officers authorised by him and,
any other person authorised
appointed by the Director General duly authorised by a warrant issued by a Magistrate may, for the purpose of any investigation under this article conduct all necessary unannounced inspections and enter into and search premises, land
means of transport of undertakings and,
association of undertakings for the application of articles 5 and,
9 of the Act and,
Articles 101 and,
102 of the TFEU. (b) The Director General and,
his officers authorised by him and,
any other person authorised
appointed by the Director General, duly authorised by a warrant issued by a Magistrate, may, for the purpose of any investigation under this article, conduct all necessary unannounced inspections and enter COMPETITION into and search any premises, land
means of transport, other than those referred to in paragraph (a) of this sub-article, including the homes of directors, managers, and other members of staff of undertakings
associations of undertakings, where the Director General has a reasonable suspicion that documents related to the undertaking and,
association of undertakings and to the subject matter of the inspection, which may be relevant to prove an infringement of articles 5 and,
9 of this Act and,
Articles 101 and,
102 of the TFEU are being kept in those premises, land
means of transport: Provided that the Magistrate in deciding whether to issue a warrant under sub-articles
any authorised officer and,
any other person authorised
appointed by the Director General shall be empowered to: (i) inspect and examine any object
document, including books and other records related to the business, irrespective of the medium on which they are stored and access any information
document which are accessible to the entity subject to the inspection: Provided that this includes the power to search for documents, files
data on devices which are not precisely identified in advance: Provided further that the power to examine books
records covers all forms of correspondence, including electronic messages irrespective of whether they appear to be unread
have been deleted; (ii) seize and confiscate any object
document,
take
obtain in any form, copies of
extracts from such books
records
any other document and where they consider it appropriate, to continue making such searches for information and the selection of copies
extracts at the premises of the office
at any other designated premises; (iii) require any information which is stored in a computer
any other object
device including external servers and cloud services which are accessible from the premises, land
means of transport, and which the Director General and,
his officers consider relevant to the investigation, to be delivered in a form in which it can be taken away and in which it is visible and legible; (iv)
der the non-removal of objects
documents from any such premises, land
means of transport; (v) close and seal any
all parts of such premises, land
means of transport,
put any books
records
any other object
document under seal for the period and to the extent necessary for the inspection; COMPETITION (vi) ask any representative
member
staff of the undertaking
association of undertakings concerned for an explanation of any fact
document relating to the subject-matter and purpose of the inspection,
to state to the best of their knowledge and belief where the documents may be found and record the answers; (vii) take any steps which appear to be necessary to preserve any object
document
to prevent any interference with such object
document. (d) Notwithstanding any provisions contained in the Criminal Code, the Director General shall have the right to appeal against a decision of the Court of Magistrates to refuse to issue a warrant under this sub-article, before the Court of Criminal Appeal within five days from the date of such a decision and the Court of Criminal Appeal shall endeavour to decide in the shortest time possible.
his officers and,
any person authorised
appointed by the Director General on production of a warrant issued under the said article. (c) The Director General and,
any of his officers and,
any person authorised
appointed by the Director General entering premises, land
means of transport by virtue of a warrant issued under sub-articles
any of his officers and,
any person authorised
appointed by the Director General may request the assistance of the Police and in such case the Police shall require a warrant issued by the Magistrate to assist the Director General in the search. (b) Where police assistance is sought by the European Commission in terms of Article 20
association of undertakings
persons subject to the inspection may be assisted by legal counsel of their choice: Provided that officers may wait a reasonable time for the legal counsel to arrive before starting the inspection and during this time, officers may take any reasonable measures to prevent any potential tampering with evidence
to prevent any potential communication by which other undertakings will be informed that COMPETITION an investigation is taking place: Provided further that the right of such assistance may delay but shall not have the effect of suspending the inspection.
in control of any object that has been seized. Anything which has been lawfully seized by the Director General and any
der given by the Director General in accordance with sub-article
shall remain in force as long as it is considered necessary by the Director General. Contents of the sworn application. Added by: XXVIII. 2000.13. Substituted by: III. 2004.136; VI. 2011.129; XVI.2019.35. Amended by: XLV.2021.6.
means of transport after seven o'clock in the evening and before seven o'clock on the next following morning, unless there is reason to believe that delay could cause the loss of information and the search is expressly authorised by the Magistrate, to take place between the said times.
under any other law. 12A.
9 of this Act and,
an infringement of Articles 101 and,
102 of the TFEU may have occurred, he shall file in Court a sworn application: Provided that for the purposes of this sub-article the Director General may also consider that an infringement of articles 5 and,
9 of this Act and,
an infringement of Articles 101 and,
102 of the TFEU may have occurred at some time in the past: Provided further that for the purposes of the previous proviso, it is immaterial whether t he a greement, decision, concerted practice
conduct in question remains in existence: Provided further that where the Director General considers that an agreement
concerted practice infringes article 5
were a party to that agreement
concerted practice,
are,
were engaged in that conduct.
9 of the Act and,
a suspected infringement of Articles 101 and,
102 of the TFEU. (b) Where appropriate, contain a request by the Director General for the Court to issue a judgement finding an infringement of articles 5 and,
9 of this Act and,
an infringement of Articles 101 and,
102 of the TFEU against the undertaking and,
association of undertakings concerned. COMPETITION (c) Where appropriate, contain a request by the Director General for the Court to impose a penalty, and,
any other remedy on the undertaking and,
association of undertakings concerned as contemplated in this Act: Provided that the Director General may also indicate a specific amount of the penalty either in its sworn application
by a note presented in Court during proceedings: Provided further that the provisions of article 156 of the Code of
ganization and Civil Procedure shall, where applicable, also apply to the sworn application.
English language with the findings of the investigation carried out by him: Provided that where the Director General institutes proceedings relating to a matter in respect of which he has received a complaint, he may provide the complainant with a copy of the nonconfidential version of the report.
association of undertakings concerned in all the other instances pursuant to the provisions of article 21.
association of undertakings against whom the sworn application is served, shall file by no later than twenty days from date of service, a sworn reply and the provisions of article 158 of the Code of
ganization and Civil Procedure shall, mutatis mutandis, apply in this case.
association of undertakings concerned in receipt of a sworn application, shall, upon a request to this effect, be entitled to have access to the file of the investigation concerning their case, without prejudice to the non-disclosure of information
documents identified by the Director General deemed to contain business secrets,
other confidential information,
internal documents of the Director General
of the Competition Authorities of other Member States. The Director General shall provide access to the file of the investigation at any time: Provided that any document forming part of the access to the file may be provided by the Director General to the defendant in different sittings.
ganization and Civil Procedure, the evidence admissible before the Court and in case of an investigation, before the Office, shall include documents,
al statements, electronic messages, recordings and all other objects containing information, irrespective of the form it takes and the medium on which the information is stored. 12B.
association of undertakings shall have the right to demand, either during the course of the investigation before the Office
at any stage after the closure of the said investigation, that the investigation
the proceedings before the Court, as the case may be, are terminated by mutual consent between the Director General and the undertaking and,
the association of undertakings concerned by means of the settlement procedure, which includes the finding of an infringement in terms of article 13
the termination of proceedings before the Court by means of settlement, shall be granted by virtue of a judgement delivered by the Court upon the demand made jointly by the Director General and any undertaking, and,
association of undertakings concerned, where the Director General and the undertaking, and,
association of undertakings concerned agree that the investigation before the Office
the proceedings before the Court, as the case may be, are terminated by means of the settlement procedure, which includes the finding of an infringement in terms of article 13
, association of undertakings which are under investigation
which are subject to proceedings before the Court must agree to submit to a settlement procedure.
association of undertakings concerned are not contesting the contents of the settlement submissions and that all the parties concerned express their unconditional willingness to terminate the investigation before the Office
the proceedings before the Court by means of the settlement procedure, after which sitting, the Court shall pronounce judgement on the basis of the joint application.
9 of the Act and,
an alleged infringement of Articles 101 and,
102 of the TFEU, the Director General may prior to the filing of a sworn application in Court pursuant to article 12A of the Act, if he deems it appropriate for the expeditious and efficient conclusion of the investigation, invite all, some
one of the undertakings concerned and,
the association of undertakings concerned to indicate in writing, within the time limit set by him, whether they are prepared to engage in settlement discussions with a view to possibly introducing settlement submissions: Provided that, the Director General shall not be obliged to take into account the replies received after the expiry of that time limit: Provided further that, at any time during the course of an investigation, any undertaking and,
association of undertakings concerned may also request to engage in settlement discussions with the Director General: Provided further that, the decision regarding the initiation of the settlement discussions falls within the exclusive competence of the Director General.
association of undertakings concerned to introduce their settlement submissions before the Office within a time limit as set by the Director General with a view to conclude the settlement procedure: Provided, that before the Director General sets a time limit to introduce their settlement submissions, the undertaking and,
association of undertakings concerned may be informed of the main elements of the suspected infringement, consisting of: (
association of undertakings to introduce their settlement submissions, the undertaking and,
association of undertakings concerned may have limited access to the file of the investigation concerning their case which is granted only to the extent that the Director General deems reasonable in view of the objectives of the settlement procedure. If access to the file is granted, the Director General shall provide partial access to the case file by providing non-confidential versions of any specified accessible document listed in the case file at that point in time: Provided further that before the Director General sets a time limit for the undertaking and,
association of undertakings to introduce their settlement submissions, the undertaking and,
association of undertakings concerned shall be given the opportunity to present their views on the alleged infringement and make observations: Provided further, that if the undertaking and,
association of undertakings fails to submit the settlement submissions within the time limit set by the Director General, it shall be considered that the undertaking, and,
association of undertakings concerned has withdrawn from the settlement procedure.
association of undertakings concerned during the settlement procedure are confidential: Provided that the information given pursuant to subarticle
the association of undertakings which are subject to the relevant investigation before the Office
are subject to relevant proceedings before the Court instituted in terms of the Act
are subject to any relevant proceedings before the Court of Appeal and only for the purposes of exercising their rights of defence. (iii) The party who has obtained access to the file during investigations before the Office
proceedings before the Court
the Court of Appeal may only use information taken from settlement submissions submitted in terms of the Act where COMPETITION necessary, to exercise its rights of defence in proceedings before the courts of Malta in cases that are directly related to the case for which access has been granted, and only where such proceedings concern: (a) the allocation between cartel participants of a penalty imposed jointly and severally on them by the Court;
(b) the appeal before the Court of Appeal of a judgement by the Court finding an infringement of articles 5 and,
9 of the Act
Articles 101 and,
102 of the TFEU. (iv) The parties granted access to settlement submissions together with their legal counsels who are granted access on their behalf, cannot make any copy by mechanical
electronic means of any information in the settlement submissions to which access is being granted.
association of undertakings concerned containing the following information: (a) a statement by the undertaking and,
association of undertakings concerned, clearly and unequivocally admitting their participation in the infringement as well as their liability regarding articles 5 and,
9 of the Act and,
Articles 101 and,
102 of the TFEU; (b) a factual and brief description of the conduct of the undertaking and,
the association of undertakings concerned, the objective of the conduct and the way in which it was carried out, its duration and the extent in which the undertaking and,
association of undertakings were involved; (c) a statement of the undertaking and,
association of undertakings concerned declaring that they accept the amount of the penalty that is being requested by the Director General in the joint application; (d) a statement of the undertaking and,
association of undertakings concerned to the effect that they were sufficiently informed by the Director General regarding the main elements of the suspected infringement contained in subarticle
association of undertakings that they were given sufficient opportunity to be heard and to make their views known to the Director General; (e) a statement of the undertaking and,
association of undertakings concerned that they will waive their right to COMPETITION obtain further
full access to the file of the investigation concerning their case; (f) a statement of the undertaking and,
association of undertakings concerned containing its waiver of its right to appeal
challenge in any way the settlement procedure, the investigation related to the settlement procedure,
the judgement of the Court including the penalty; and also waiver of any action
claim deriving from the same settlement procedure and,
related to the investigation related to the settlement procedure and,
related to the judgement of the Court and,
the penalty; (g) a statement of the undertaking and,
association of undertakings concerned that it agrees with the contents of the settlement submissions and that it agrees with the facts together with the legal assessment of the facts of the infringement as established by the Director General in the joint application: Provided that together with the settlement submissions the joint application shall also include a statement by the Director General: (i) agreeing with the settlement submissions of the undertaking and,
association of undertakings concerned; (ii) specifying the amount of the penalty he is requesting to be imposed on the undertaking and,
association of undertakings concerned; and (iii) requesting the Court to deliver a judgement to terminate proceedings by means of settlement based on the settlement submissions of the undertaking and,
association of undertakings concerned contained in the joint application and to impose the amount of the penalty as requested by the Director General; (h) a statement by the undertaking and,
association of undertakings concerned that it agrees that a joint application is filed in Court together with the Director General to terminate the investigation
the proceedings, as the case may be, by means of the settlement procedure, and to request the Court to deliver a judgement on the basis of the joint application: Provided that the joint application shall also include the following information by the Director General: (
association of undertakings concerned;
the undertaking and,
association of undertakings concerned fail to file a joint application within the adjourned two sittings allocated by the Court, proceedings against the undertaking, and,
association of undertakings concerned shall continue according to the stage where the proceedings before the Court had arrived.
association of undertakings concerned agree to terminate the investigation before the Office
the proceedings before the Court by means of settlement, by filing together with the Director General the joint application, the Director General shall reward the undertaking and,
association of undertakings for the settlement, by reducing the penalty which would otherwise have been requested by the Director General to be imposed by the Court in terms of article 21
with respect to one
more of the parties involved, if, for instance: (a) procedural efficiencies are not likely to be achieved;
(b) the settlement submissions do not contain all the requirements mentioned in sub-article
(c) the undertaking and,
association of undertakings do not have a sincere intention of settling the case
do not cooperate
have breached the confidentiality obligation by revealing to any third party the content of the settlement meetings held with the Director General
the contents of the documents to which access has been granted: COMPETITION Provided that in case where the Director General discontinues the settlement discussions for any reason as provided for in this sub-article,
in the case where the undertaking and,
association of undertakings concerned
the Director General, as the case may be, withdraw
discontinue the settlement procedure as provided for in subarticles in
proceedings have arrived.
by the undertaking and,
association of undertakings concerned during the investigation before the Office
during Court proceedings while attempting to settle the dispute, any information and document provided by the undertaking, and,
association of undertakings concerned during the settlement procedure cannot be used as evidence to establish an infringement of articles 5, and,
9 of the Act, and,
an infringement of Articles 101 and,
102 of the TFEU against the undertaking and,
association of undertakings concerned
other parties to the investigation before any court of law: Provided that the foregoing provision of this sub-article is without prejudice to sub-regulation
information which were already in the possession of the Office prior to being presented by the undertaking and,
association of undertakings concerned and any information which can be requested by the Office pursuant to article 12 of the Act, can be used as evidence by the Office and before any court of law to establish an infringement of articles 5, and,
9 of the Act, and,
an infringement of Articles 101 and,
102 of the TFEU against the undertaking, and,
association of undertakings concerned
against other parties to the investigation. 12C.
the association of undertakings concerned involved in a suspected infringement to be binding on them, if the commitments are such as to bring the suspected infringement to an end and where those commitments meet the competition concerns expressed in that case: Provided that when delivering such judgement, the Court shall not impose any penalty and shall not specify as to whether there has been an infringement of articles 5, and,
9 of the Act and,
Articles 101 and,
102 of the TFEU.
any other agreements, COMPETITION decisions
concerted practices which involve price fixing, market sharing
output limitation: Provided that in all other cases, the Court shall make a case by case assessment, after taking into consideration all the submissions of the parties to the proceedings, and any third party comments as provided in sub-article
association of undertakings concerned.
of the proposed course of action on the Gazette, having regard to the legitimate interests of the undertakings as well as the protection of business secrets
other confidential information: Provided that the Director General may request the authorisation of the Court to seek the views of market participants
of any other third parties by informing them directly regarding the proposed commitments, which request shall also include the authorization of the Court on the manner in which the said proposed commitments are to be published and the time within which all views of market participants
of any other third parties should be received in the registry of the Court.
association of undertakings concerned shall be notified and given a copy of the third party comments.
(b) the undertaking and,
association of undertakings concerned acted contrary to its commitments;
(c) the judgment was based on incomplete, incorrect,
misleading information provided by the undertaking, and,
association of undertakings concerned. Access to file by parties and limitations on the use of information. Substituted by: XLV.2021.
der and Compliance
der Added by: III. 2004.
in article 17 and for this purpose, article 12 shall apply mutatis mutandis. 12D. The following categories of information obtained by a party during an investigation of the Office
during proceedings before the Court shall not be used by that party in proceedings before the Courts of Malta, unless the Court has closed its proceedings before it with respect to all parties under investigation by delivering a judgement referred to in articles 12C, 13
13A,
otherwise has terminated its proceedings,
unless the Office has closed its investigation before it with respect to all parties under investigation by delivering a decision in accordance to article 17,
otherwise has terminated its investigation: (a) information that was prepared by other natural
legal persons specifically for the investigation carried out by the Office
the proceedings before the Court; (
9 of the Act, and,
an infringement of Articles 101 and,
102 of the TFEU has occurred.
9 of the Act, it shall deliver a judgement to that effect: Provided that if the Court concludes that the suspected infringement does not constitute a breach of articles 101 and,
102 of the TFEU, the Court shall state in its judgement that there are no grounds for action in accordance with Article 5 of Council Regulation (EC) 1/2003.
der whereby it
ders the undertaking and,
association of undertakings concerned to cease and desist from participating in such agreement, decision, practice
conduct, and,
issue a compliance
der setting behavioural
structural remedies addressed to the undertaking and,
association of undertakings concerned for the purpose of bringing the infringement to an immediate and effective end.
structural remedies set out in a compliance
der shall be proportionate to the infringement COMPETITION committed and necessary to bring the infringement effectively to an end.
der may be imposed only where there is no equally effective behavioural remedy
where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. 13B.
of fact before the Court of Appeal by means of an application filed in the registry of that court within twenty days from the date of the judgement of that court: Provided that the Court of Appeal shall appoint the case for hearing by not later than six months from the date of service of the appeal application on the parties.
the conduct of inspections, the Court shall endeavour to deliver a judgement upon hearing the parties in the shortest time possible: Provided that an appeal from such a judgement as referred to in this sub-article, shall only lie after the definitive judgment in terms of articles 12C, 13, 13A
21 of the Act is delivered and together with an appeal from such definitive judgement. The judgement mentioned in this sub-article may not be challenged before the definitive judgement is delivered: Provided further that, if following the investigation, the Director General does not proceed to institute proceedings in terms of article 12A
association of undertakings concerned which shall have twenty days from the notification of the Director General of this fact to appeal from the judgement delivered by the Court pursuant to this sub-article.
association of undertakings concerned, the Director General
the complainant may request the Court to be heard behind closed doors where the submissions to be made
evidence to be produced is of a confidential nature
contains business secrets.
102 of the TFEU, the European Commission shall have a right to make submissions on any matter before the Court.
otherwise of the information submitted.
ganization and Civil Procedure shall, mutatis mutandis, apply to all judicial proceedings instituted according to this Act before the Court and the Court of Appeal and to the enforcement of judgements and decrees.
9 of the Act and,
Articles 101
102 of the TFEU, including the exercise of the powers by the Director General and the Office under this Act and,
any regulation made thereunder applying those articles, shall comply with general principles of Union law and the Charter of Fundamental Rights of the European Union. 14.
fails for some other reason to investigate a complaint against an undertaking and,
association of undertakings concerned in terms of this Act, he shall inform the complainant: Provided that where, having informed the European Commission in accordance with Article 11
fails to investigate a complaint in terms of the Act as referred to in the previous sub-article, it shall be lawful for the complainant to file a sworn application in Court, within twenty days from notification of the decision of the Director General, to request the Court to
der the Director General to act on a complaint
investigate a complaint in terms of the Act against the undertaking and,
association of undertakings concerned: COMPETITION Provided that, if after hearing the evidence tendered by the complainant and the Director General, the Court is satisfied that the complaint is justified and,
that the Director General has no lawful reasons for failing to act on a complaint
to investigate a complaint, the Court shall deliver a judgement
dering the Director General who shall thereupon commence the investigation
issue any other
der which the Court considers appropriate in that case.
of fact before the Court of Appeal, by means of an application filed in the registry of that court within twenty days from the date of the judgment of the Court: Provided that in case of any proceedings instituted under this article before the Court
the Court of Appeal, the Director General shall act as an official party to the proceedings and enjoy the same rights which pertain to his counterparty. 14A.
services - Complaints of general interest. Added by: VI. 2011.133. (a) the structure of the market concerned
any aspect of that structure; (b) any conduct, whether
not in the market concerned, of one
more than one person who supplies
acquires goods
services in the market concerned;
(c) any conduct relating to the market concerned of customers of any person who supplies
acquires goods
services, is
appears to be significantly harming the interests of consumers.
to take no action, in response to the complaint; and (b) if he has decided to take action, what action he proposes to take.
reject a complaint in terms of Article 13 of Council Regulation (EC) No 1/2003.
suspends a complaint Suspension
termination of proceedings. Added by: VI. 2011.133. COMPETITION pursuant to sub-article
has already dealt with the case. Guidance letters. Added by: VI. 2011.
9 of the Act and,
Articles 101 and,
102 of the TFEU, issue interim measures on any undertaking and,
association of undertakings concerned as it may deem appropriate in the circumstances: Provided that any decree imposing interim measures issued according to this provision shall be enforceable upon its delivery and any interim measure shall be proportionate and shall apply either for a specified period of time to be determined by the Court
until the final judgement on the merits of the case is delivered by the Court: Provided further that the interim measures may be renewed by the Court in so far as it is necessary and appropriate upon an application filed by the Director General before the Court.
der to sustain his demand.
associations of undertakings concerned which shall file a reply thereto within eight days from the date of service of the application, containing all the submissions together with all the documents in support of the reply that is filed: Provided that the Court may reduce the said period indicated in this sub-article, as it deems fit in the circumstances.
after hearing the parties, if it deems fit, provided that not more than one sitting may be fixed for such purpose.
an association of undertakings cooperates with the Office to uncover agreements between undertakings and,
decisions of an association of undertakings and,
a concerted practice that infringes article 5 of this Act and,
of the TFEU and where the existence of such an agreement, decision
concerted practice is partially
wholly concealed, the provisions contained in the Immunity from Penalties and Reduction of Penalties in Cartel Investigations Regulations shall apply mutatis mutandis. 17.
association of undertakings pursuant to article 12C of this Act, decide to issue a commitments decision to make commitments binding on the undertaking
association of undertakings.
9 of this Act and,
and,
102 of the TFEU be brought to an end, the Director General may, after formally
informally seeking the views of market participants, by decision make commitments offered by undertakings
associations of undertakings binding, where those commitments meet the concerns expressed by the Director General. Such a decision may be adopted for a specified period, and shall conclude that there are no longer grounds for action by the Director General: Interim
ders. Added by: XXVIII. 2000.
reduction of penalties for infringements of article 5 of the Act and,
Substituted by: XLV.2021.
where the undertakings
association of undertakings act contrary to their commitments,
where a decision referred to in this subarticle was based on incomplete, incorrect
misleading information provided by the parties.
of the proposed course of action. (
other confidential information.
association of undertakings concerned may contest any commitments decision adopted by the Director General by filing an application before the Court within twenty days from the date of publication of the decision on the Authority’s website: Provided that the application shall be served on the Director General and the said Director General shall file his reply thereto within twenty days from the dat e of service of the application.
in part,
modify
quash the decision of the Director General.
fact to the Court of Appeal by means of an application filed in the registry of that Court, within twenty days from the date of the judgement of the Court: Provided that in case of any proceedings instituted under this article before the Court
the Court of Appeal, the Director General shall act as one of the parties to the proceedings and shall enjoy the same rights which pertain to his counter-party.
ganization and Civil Procedure: Provided however that, notwithstanding the provisions of article 256
ganization and Civil Procedure, the executive title referred to in this sub-article shall not be COMPETITION enforceable before the lapse of twenty days from the publication of the decision on the Authority's website and that decision has not been contested.
other confidential information. The Court may give the parties concerned the opportunity to specify the confidential parts of the judgement
decree which they want to be excluded from publication: Provided that the Court shall ultimately decide about which version shall be published.
any regulations made thereunder
in connection with the responsibilities of the Office under article 14 of the M a l t a Competition and Consumer Affairs Authority Act.
of any other law, judgements of the Courts of Malta shall not publish evidence taken from leniency statements submitted pursuant to the Immunity from Penalties and Reduction of Penalties in Cartel Investigations Regulations and evidence from settlement submissions: Provided that the identity of the undertaking and,
association of undertakings which submitted the settlement submissions
the leniency statement shall be published in the judgement.
ders. Amended by: XXVIII. 2000.
association of undertakings concerned in the business year preceding the judgement imposing the penalty under this subarticle, for each infringement where the undertaking and,
association of undertakings intentionally
negligently: (a) infringes the provisions of articles 5 and,
9 of the Act; and,
(b) infringes Article 101 and,
102 of the TFEU: Provided that where the infringement of an association of undertakings relates to the activities of its members, the penalty shall not exceed ten per centum of the sum of the total worldwide turnover of each member active on the market affected by the infringement of the association of undertakings.
9 of the Act and,
Articles 101 and,
102 of the TFEU, a penalty is imposed by the Court upon an association of undertakings, taking account of the turnover of its members, and the association of undertakings is not solvent, the Court shall
der the association of undertakings to call for contributions from its members to cover the amount of the penalty due within a time limit fixed by the Court: Provided that the Court may also specify in its judgement that where the contributions referred to in paragraph (
had actively distanced themselves from it, before the Director General started investigating the case. (c) The financial liability of each undertaking in respect to the payment of the penalty shall not exceed the maximum amount in accordance with sub-article
an association of undertakings intentionally
negligently: (i) fails to comply with a cease and desist
der and,
a compliance
der pursuant to article 13A; (ii) fails to comply with an interim measure pursuant to article 15; (iii) fails to comply with a commitment made binding pursuant to articles 12C
17; (b) In the application of this sub-article to an association of undertakings, sub-article
attenuating circumstances. (
association of undertakings for the same
a similar infringement; (ii) the undertaking
association of undertakings concerned having already committed an infringement under articles 5 and,
9 of this Act and,
under Articles 101 and,
102 of the TFEU according to a decision
judgement which has become res judicata; (iii) the undertaking
association of undertakings having a leading role, as perpetrator
instigator; (iv) retaliatory
other coercive measures taken against other undertakings aimed at ensuring the continuation of the infringement; (v) the disclosure of information to any third party not part of the relevant proceedings under this Act
the copying of any documents made contrary to the provisions of article 12B
association of undertakings in the infringement being substantially limited; (ii) the undertaking
association of undertakings ending the infringement on its own accord; COMPETITION (iii) the undertaking
association of undertakings significantly contributing to uncover the infringement; (iv) pressure. the undertaking acting under severe duress
association of undertakings not exceeding fifty thousand euro (€50,000)
a penalty not exceeding one per centum (1%) of the total worldwide turnover of the undertaking
association of undertakings in the business year preceding the judgement imposing the penalty under this sub-article, whichever is the highest, where any person, undertaking and,
association of undertakings in the course of any investigation pursuant to article 12
in the course of a sector inquiry pursuant to article 11A, intentionally
negligently: (a) give any false, misleading, incomplete
incorrect information in response to a request for information
question referred to in article 12,
they do not supply the information within the specified time limit; (b) produce
furnish,
cause
knowingly allow to be produced
furnished any document
information which they know to be false in any particular material; (c) fail to comply with an inspection and,
obstruct the Director General and,
his officers and,
any other person authorised
appointed by the Director General in the exercise of their powers under a warrant issued under article 12
other accompanying persons authorised
appointed by the Director General during an inspection; (e) in response to a question referred to in article12
refuse to provide a complete answer; (f) disclose information to any third party not party of the relevant proceedings under this Act
make copies of any documents contrary to the provisions of article 12B
(h) prevent
hinder any investigation
sector inquiry.
inquiry conducted under the Act, a person, being a director, manager, secretary
any other similar officer of an undertaking
association of undertakings
any other person who has to reply to a request for information
a question pursuant to article 12 knowingly
recklessly: (a) gives any false, incorrect
misleading information; (
hinders any investigation; (d) produces
furnishes,
causes
knowingly allows to be produced
furnished, any document
information which he knows to be false in any particular material;
(e) fails without reasonable cause to supply the information requested, may be liable to a penalty of not less than one thousand and five hundred euro (€1,500) and not more than ten thousand euro (€10,000), and may also be liable to a penalty of up to two thousand and four hundred euro (€2,400) for each day in default.
association of undertakings, periodic penalty payments determined in proportion to the average daily total worldwide turnover of the undertaking and,
association of undertakings concerned in the preceeding business year, for each day of delay, calculated from the date set in the judgement
decision issued by the Director General, as the case may be, in
der to compel it
them: (i) to comply with a cease and desist
der and,
a compliance
der pursuant to article 13A; (ii) to comply with interim measures pursuant to article 15; (iii) to comply with a commitment made binding pursuant to articles 12C
17; (iv) to submit to an inspection and to produce the required objects, documents
other records as referred to in article 12; (
to produce the requested documents in response to a request for information referred to in articles 11A and 12; (vii) to appear at an interview as referred to in article 12; and (viii)to stop from pursuing any other conduct which is hindering the investigation
sector inquiry and,
to rectify any acts
omissions.
9 of this Act and,
Articles 101 and,
102 TFEU in accordance with regulation 17
association of undertakings may be subject to under any other law. Failure to pay fines. Added by: VI. 2011.137.
association of undertakings. 21A. Deleted by Act XVI.2019.48. Offences against article 10
periodic penalty payments shall only be imposed under article 21 of the Act when judicial proceedings concerning infringements contemplated in the Act are instituted within five years after the termination of the infringement: Provided that in the case of infringements of the Act concerning requests for information, production of documents and the conduct of inspections, penalties
periodic penalty payments shall only be imposed under article 21 of the Act when judicial proceedings are instituted within three years after the termination of the infringement.
periodic penalty payments by the Court pursuant to article 21 of the Act shall be interrupted by any formal investigative measure of the Director General
, in the case of the application of Articles 101 and 102 of the TFEU also, by any formal investigative measure of a competition authority with a view to investigating
instituting proceedings for the infringement. (b) The prescription period for the imposition of penalties
periodic penalty payments by the Court pursuant to article 21 of the Act shall be interrupted for the duration of the investigation
proceedings before the national competition authorities of other Member States
the European Commission in respect of an infringement concerning the same agreement, decision of an association of undertakings, concerted practice
other conduct prohibited by Article 101
102 of the TFEU. (c) The prescription period referred to in this sub-article shall be interrupted with effect from the date of notification of the first formal investigative measure to at least one undertaking
association of undertakings which has participated in the alleged infringement.
by a national competition authority; (ii) a warrant issued by a Magistrate under article 12 to conduct an inspection,
a written authorisation by the European Commission in terms of Article 20 of Council Regulation (EC) No 1/2003,
an equivalent document issued by a national competition authority; (iii) the commencement of proceedings by the Director General, the European Commission
by a national competition authority; (
21 of this Act
when the Director General issues a decision in terms of article 17 of this Act
when the Director General
the Court conclude that there are no grounds for further action on their part.
the Court of Appeal. Extinction of criminal liability in certain cases. Added by: XXVIII. 2000.
decision is null and unenforceable in accordance with article 5 of this Act and,
of the TFEU,
where it is alleged that there is an abuse of a dominant position in accordance with article 9 of this Act and,
of the TFEU, that court shall stay the proceedings and request the Director General to submit a report on the competition questions raised before it and the court shall take into consideration such report, and any submissions thereon made by the parties and the Director General, before deciding the case: Provided that where the competition question raised before the court has already been decided upon under the provisions of this Act and the decision thereon has become res judicata, the court shall abide by such decision: Provided further that where the competition issue raised before any court of civil jurisdiction is subject to pending proceedings instituted by the Director General before the Court,
may be the subject of proceedings before the Court at any point in time as contemplated in this Act, any other court of civil jurisdiction where the competition issue mentioned in sub-article
after the 27th December 2014 shall, notwithstanding the provisions of any other law but subject to the provisions of this article, be regulated in accordance with the provisions of the Schedule.
of reviving any period of prescription which has expired.
to anything done in any action which is still pending before a court at the time of the coming into force of this article 28. It shall not be lawful to issue any precautionary warrant referred to in the Code of
ganization and Civil Procedure against the Director General in respect of the exercise of his functions under this Act. It shall not be lawful to issue any precautionary warrant. Substituted by: III. 2004.
to any body corporate established by law
to any company
other partnership in which the Government, directly
indirectly, holds a controlling interest
to which the Government has granted special
exclusive rights in any field: Applicability of Act to government departments. Substituted by: XXVIII. 2000.27. Amended by: IV. 2003.24; XLV.2021.20. Provided that article 460
ganization and Civil Procedure shall not apply to the provisions of this sub-article and to causes instituted by the Director General pursuant to the provisions of this Act against any Government department, authority, agency
any other Government body, where in the opinion of the Director General, the said Government department, authority, agency
any other Government body performs the function of an undertaking as defined under this Act.
having the character of a revenue producing monopoly shall be subject to the provisions of this Act insofar as the application of such rules does not obstruct the performance, in law
in fact, of the particular tasks assigned to them.
der in the Gazette declare a specific service entrusted to a particular undertaking to be a service in the general economic interest. Co-operation under Regulation 1/
any of his officers
any authorised person acting under his direction
control for any act
omission in connection with this Act,
any regulations made thereunder, done
omitted by him unless such act
omission were done in bad faith. Causes. Added by: XVI.2019.53. 31A. The tariffs referred to in the Code of
ganization and Civil Procedure in Schedule A shall apply to the causes instituted pursuant to the provisions of this Act. Power to make regulations. Substituted by: XXVIII. 2000.
distort competition within the relevant market. 33.
practice in connection with agriculture and fisheries from the provisions of article 5 under such conditions as he may prescribe.
reduce the applicable fine in cartel investigations; (d) prescribe any matter on competition law for the purpose of fulfilling Malta’s international obligations
Malta’s obligations as a Member State of the European Union; (e) amend
substitute the Schedule to this Act. COMPETITION SCHEDULE (Article 27A) Added by: XXV. 2017.4. COMPETITION LAW INFRINGEMENTS (ACTIONS FOR DAMAGES) REGULATIONS 1.
by someone acting on behalf of one
more alleged injured parties,
by a natural
legal person that succeeded in the right of the alleged injured party, including the person that acquired the claim; "cartel" means an agreement
concerted practice between two
more competitors aimed at coordinating their competitive behaviour on the market
influencing the relevant parameters of competition through practices such as, but not limited to, the fixing
coordination of purchase
selling prices
other trading conditions, including, in relation to intellectual property rights, the allocation of production
sales quotas, the sharing of markets and customers, including bid-rigging, restrictions of imports
exports
anti-competitive actions against other competitors; "claim for damages" means a claim for compensation for harm caused by an infringement of competition law; "competition authority" means the European Commission
any national competition authority, as the context may require; "competition law" means Articles 101 and 102 TFEU and,
articles 5 and 9 of the Act
the provisions of national law that predominantly pursue the same objectives as Articles 101 and 102 TFEU and that are applied to the same case and in parallel to Union competition law pursuant to Article 3
ganization and Civil Procedure
any tribunal having jurisdiction in competition matters established under any special law; "direct purchaser" means a natural
legal person who acquired, directly from an infringer, products
services that were the object of an infringement of competition law; "evidence" means all types of means of proof admissible before the court, in particular documents and all other objects containing information, irrespective of the medium on which the information is stored; "final infringement decision" means an infringement decision that cannot be,
that can no longer be, appealed and which has accordingly become a res judicata; "infringement decision" means a decision of a competition authority
a national court that finds an infringement of competition law; "infringement of competition law" means an infringement of Article 101
102 TFEU and,
of article 5
9 of the Act
any equivalent provision of the national law of another Member State; "infringer" means an undertaking
association of undertakings which has committed an infringement of competition law; "immunity recipient" means an undertaking which,
a natural person who, has been granted immunity from penalties by a competition authority under a leniency programme; "indirect purchaser" means a natural
legal person who acquired, not directly from an infringer, but from a direct purchaser
a subsequent purchaser, products
services that were the object of an infringement of competition law,
products
services containing them
derived therefrom; "injured party" means a person that has suffered harm caused by an infringement of competition law; "leniency programme" means a programme concerning the application of Article 101 TFEU
article 5 of the Act,
equivalent provisions of another Member State, on the basis of which a participant in a secret cartel, independently of the other undertakings involved in the cartel, cooperates with an investigation of the competition authority, by voluntarily providing presentations regarding that participant’s knowledge of, and role in, the cartel in return for which that participant receives, by decision
by a discontinuation of proceedings, immunity from,
a reduction in, penalties for its involvement in the cartel; "leniency statement" means an
al
written presentation voluntarily provided by,
on behalf of, an undertaking
a natural person to a competition authority
a record thereof, describing the COMPETITION knowledge of that undertaking
natural person of a cartel and describing its role therein, which presentation was drawn up specifically for submission to the competition authority with a view to obtaining immunity
a reduction of penalties under a leniency programme, not including pre-existing information; "national competition authority" means an authority designated by a Member State pursuant to Article 35 of Regulation (EC) No. 1/ 2003, as being responsible for the application of Articles 101 and 102 TFEU; "national court" means a court
tribunal of a Member State within the meaning of Article 267 TFEU; "overcharge" means the difference between the price actually paid and the price that would otherwise have prevailed in the absence of an infringement of competition law; "pre-existing information" means evidence that exists irrespective of the proceedings of a competition authority, whether
not such information is in the file of a competition authority; "review court" means a national court that is empowered by
dinary means of appeal to review decisions of a national competition authority
to review judgements pronouncing on those decisions, irrespective of whether that court itself has the power to find an infringement of competition law; "settlement submission" means a voluntary presentation by,
on behalf of, an undertaking to a competition authority describing the undertaking's acknowledgement of,
its renunciation to a dispute, its participation in an infringement of competition law and its responsibility for that infringement of competition law, which was drawn up specifically to enable the competition authority to apply a simplified
expedited procedure; "TFEU" means the Treaty on the Functioning of the European Union. 4.
legal person who has suffered damage caused by an infringement of competition law shall be entitled to claim and to obtain full compensation for that damage, which action shall be instituted in accordance with the provisions of the Code of
ganization and Civil Procedure,
as may be provided in any other special legislation.
provider of the defendant.
other types of damages. Right to full compensation. Disclosure of evidence. COMPETITION 5.
der the disclosure of relevant evidence by the defendant
a third party, where such evidence lies in their control, in accordance with the provisions of the Code of
ganization and Civil Procedure,
as may be provided in any other special legislation, subject to the conditions set out in these regulations. It shall also have the power, upon request of the defendant, to
der the claimant
a third party to disclose relevant evidence. This sub-regulation is without prejudice to the rights and obligations of the court under Council Regulation (EC) No. 1206/2001: Provided that the court may, where it so deems appropriate in the circumstances,
der the disclosure of specified items of evidence
relevant categories of evidence circumscribed as precisely and as narrowly as possible on the basis of reasonably available facts in the reasoned justification presented by the claimant.
defence is supported by available facts and evidence justifying the request to disclose evidence; (
der the disclosure of evidence containing confidential information where it considers it relevant to the action for damages. When
dering the disclosure of such information the court shall adopt any effective measures, pursuant to the provisions of the Code of
ganization and Civil Procedure,
to the provisions of any other special legislation, which it deems necessary
appropriate in the circumstances to protect such information in accordance with the applicable legislation: Provided that this sub-regulation shall be without prejudice to the applicability of the duty of professional secrecy pursuant to the provisions of the Professional Secrecy Act, the Data Protection Act, the Official Secrets Act and any other professional secret as classified under the law of any Member State
of the European COMPETITION Union.
dering the disclosure of any evidence the court shall give that person the opportunity to present any submissions
objections concerning such disclosure.
ganization and Civil Procedure,
of any other applicable legislation, which would lead to wider disclosure of evidence. 6.
der the disclosure of evidence included in the file of a competition authority, as the case may be, subject to the conditions set forth hereunder. In such cases, the provisions of regulation 5 shall apply in addition to this regulation.
the European Union on the protection of internal documents of national competition authorities and of correspondence between competition authorities.
der to disclose information, the court shall, in addition, consider the following: (a) whether the request has been formulated specifically with regard to the nature, subject matter
contents of documents submitted to a competition authority
held in the file thereof, rather than by a non-specific application concerning documents submitted to a competition authority; (
upon request of a competition authority pursuant to subregulation
der the disclosure of the following categories of evidence only after a competition authority, by adopting a decision
otherwise, has closed its proceedings: (a) information that was prepared by a natural
legal person specifically for the proceedings of that competition authority; (
der for disclosure: (
(b) of subregulation
"settlement submission", as the case may be, in regulation 3. In making that assessment, the court may request assistance exclusively from the competent competition authority: Provided that, in cases referred to in this sub-regulation, the authors of the evidence in question shall also have the possibility to be heard: Provided further that in no case shall the court permit other parties
third parties to access the evidence in question.
dered in actions for damages at any time, without prejudice to the provisions of this regulation.
third party is reasonably able to provide that evidence. Limits on the use of evidence obtained solely through access to the file of a competition authority.
der is sought. 7.
legal person solely through access to the file of a competition authority, shall be deemed inadmissible in actions for damages pursuant to these regulations.
otherwise, evidence in the categories listed in regulation 6
legal person solely through access to the file of that competition authority, shall also be deemed inadmissible in actions for damages pursuant to these regulations.
legal person solely through access to the file of a competition authority, and which does not fall under sub-regulation
by a natural
legal person that succeeded to that person’s rights, including a person that acquired that person’s litigious right arising from the claim. COMPETITION 8.
their legal representatives in the event of any of the following: Penalties. (a) their failure
refusal to comply with a disclosure
der of the court; (
refusal to comply with the obligations imposed by an
der of the court protecting confidential information; (d) their breach of the limits on the use of evidence provided for in these regulations: Provided that for the purposes of this sub-regulation, the court may impose any measure envisaged in the Code of O rg a n i z a t i o n a n d C i v i l P r o c e d u r e , o r i n a n y o t h e r s p e c i a l legislation, which it deems appropriate in the circumstances. The court shall ensure that any penalty so imposed is effective, proportionate and dissuasive, having regard to the seriousness of the offence.
dismissing claims and defences in whole
in part; and (b) the possibility to
der the payment of costs.
any other law, not exceed one hundred thousand euro (€100,000) for every breach
default provided in this regulation and a daily fine of ten thousand euro (€10,000) in respect of each day during which the breach
default continues. 9.
any Court of Appeal in terms of the Act and,
of the European Commission, shall be deemed to be irrefutably established for the purposes of an action for damages brought pursuant to these regulations. Effect of decisions.
of Prescription. COMPETITION any other law, an action for damages pursuant to these regulations is prescribed by the lapse of five years.
can reasonably be expected to have become aware: (
its proceedings in respect of an infringement of competition law to which the action for damages relates. The suspension shall end one year after the infringement decision has become res judicata
after the proceedings are otherwise terminated. 11.
medium-sized enterprise (SME) as defined in Commission Recommendation 2003/361/EC, the infringer is liable only to its own direct and indirect purchasers
providers where: (
has coerced other undertakings to participate therein;
(b) the SME has previously been found to have infringed competition law.
indirect purchasers
providers; and (b) to other injured parties only where full compensation cannot be obtained from the other undertakings that were involved in the same infringement of competition law.
indirect purchasers
providers.
indirect purchasers
providers of the infringers, the amount of any contribution from an immunity recipient to other infringers shall be determined in the light of its relative responsibility for that harm. 12.
indirect purchaser from the infringer: Passing-on of overcharges and the right to full compensation. Provided, however, that the compensation for actual loss caused by the infringement of competition law to the claimant which may be recovered in accordance with these regulations shall not in any case exceed the overcharge harm suffered at the level of the supply chain in which the claimant operates.
partial passing-on of the overcharge.
the share of any overcharge that was passed on to the claimant, the court may, without prejudice to the right of the parties to produce ex parte expert witnesses, appoint one
more referees to a s s i s t i t i n a c c o r d a n c e w i t h t h e pr o v i s i o n s o f t h e Co de of
ganization and Civil Procedure,
as may be provided in any other special legislation. It shall take due account of any guidelines issued by the European Commission in this regard.
from third parties. 14.
the amount of compensation to be awarded depends on whether,
to what degree, an overcharge was pas
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.