Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Merger Control
7.
Penalties and sanctions
7.1
If notification is mandatory, what sanctions may be imposed for failure to notify? In practice, does the relevant authority frequently impose sanctions for failure to notify?
 
Malta
Pursuant to Article 13 of the Control of Concentrations Regulations, failure to notify may be sanctioned by a penalty of not less than €1,000 and not more than €10,000, as well as various remedies, including divestment.

Furthermore, the penalty for putting into effect a concentration before its notification or until it has been declared lawful is a fine of up to 10% of the total turnover of the undertaking or association of undertakings concerned in the preceding business year.

With respect to the frequency of sanctions imposed, the Office for Competition has been in an impasse since May 2016, when the Maltese Constitutional Court adopted its judgment in Federation of Estate Agents v Director General (Competition) (3 May 2016). This judgment held that certain provisions of the Competition Act breached the right to a fair hearing enshrined in the Constitution and therefore legislative amendments were required for the office to be able to adopt any decisions finding infringements or impose sanctions.

On 31 May 2019, Act XVI of 2019 entered into force, amending the Competition Act so that the imposition of sanctions can resume and will be subject to the new procedural rules, as detailed in question 8.1.

For more information about this answer please contact: Andrew Zammit from GVZH Advocates
7.2
If there is a suspensory obligation, what sanctions may be imposed if the transaction closes while the review is ongoing?
 
Malta
A fine of up to 10% of the relevant turnover, referred to in question 7.1, also applies to any failure to comply with any obligations imposed pursuant to Article 7(3) or 8(2) of the Control of Concentrations Regulations (ie, conditions and obligations imposed in suspensions of concentrations).

For more information about this answer please contact: Andrew Zammit from GVZH Advocates
7.3
How is compliance with conditions of approval and sanctions monitored? What sanctions may be imposed for failure to comply?
 
Malta
The Office for Competition, through its Enforcement Directorate, monitors all activity across various economic sectors to ensure compliance with competition law.

Specifically, the Control of Concentrations Regulations foresee a penalty of up to 10% of the relevant turnover, referred to in question 7.1, where the director general finds that persons or undertakings intentionally or negligently put into effect a concentration in breach of Article 7(1), put into effect a concentration declared unlawful or have not taken the measures ordered by decision pursuant to Article 8(4).

For more information about this answer please contact: Andrew Zammit from GVZH Advocates