Decision of the Office for Competition finding resale price maintenance, issued in October 2016 becomes final
The decision of the Office for Competition which was issued on 4th October 2016 finding resale price maintenance in the fuel market, an infringement of article 5 of the Competition Act, has now become final.
On the 12th July 2019, the Constitutional Court in the case Falzon Group Holdings Limited Et Vs Direttur Ġenerali (Kompetizzjoni) et rejected the arguments raised by Falzon Group Holdings Limited alleging that the investigative process adopted by the Office breached the right of the undertaking to a fair hearing, as protected by article 39(1) of the Constitution of Malta and Article 6 of the European Convention on Human Rights. Therefore, the investigative procedure carried out by the Office in the case was within the parameters of the law.
Subsequently, Falzon Group Holdings Limited discontinued the case which was instituted against the Office before the First Hall of the Civil Court in its Constitutional Jurisdiction, and on 12th February 2020 it also discontinued the appeal proceedings which were instituted against the Office regarding the merits of the said decision, before the Competition and Consumer Appeals Tribunal, today the Civil Court (Commercial Section).