Office For Fair Trading (Malta) - Competition Law Enforcement

Competition Law Enforcement

Maltese law has no express provisions dealing specifically with actions for damages for breaches of competition law and there are no specialised Courts that deal with actions for damages consequent to a breach. However, a party who suffers damages consequent to a breach of EC and/or national competition law may rely on the general provisions of the Maltese Civil Code dealing with the concept of damages and therefore the ordinary courts are competent. The Commission for Fair Trading may become involved in the proceedings and the question whether there has been an abuse of a dominant position by an undertaking or whether an agreement is null and unenforceable must be referred to the Commission for Fair Trading.

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