The Ministry for Justice, Culture and Local Government has launched a public consultation on a proposed Bill to amend the Code of Organisation and Civil Procedure Cap. 12, Competition Act Cap. 379, the Consumer Affairs Act Cap. 378 and other laws.

Background: 

On the 23rd May 2011, the Malta Competition and Consumer Affairs Act entered into force amending the Competition Act and Consumer Affairs Act to introduce amongst others administrative proceedings.

On the 3rd May 2016, the Constitutional Court delivered a judgement in the names, Federated of Estate Agents v Direttur Ġenerali (Kompetizzjoni) et, where it concluded that the competition proceedings as currently found in the Competition Act involved a criminal charge and should therefore comply with Article 39(1) of the Constitution.

The proposed Bill aims to address the considerations made by the Constitutional Court. The Consultation Document and the proposed Bill in both Maltese and English can be found at https://meae.gov.mt/en/Public_Consultations/MJCL/Pages/Consultations/AnActtoamendtheCompetitionActCap379andtheConsumerAffairsActCap378andotherLawstoextendthecompetenceoftheCivilCourtCommercial.aspx

Any contribution/feedback from interested parties may be sent via email to publicconsultation.mccaa@mccaa.org.mt

Or by post to Public Consultation, Malta Competition and Consumer Affairs Authority, Mizzi House, National Road, Blata l-Bajda ĦMR 9010   

Closing date for consultation is Friday 28th September 2018 (EOB)