The Office for Competition started a phase II investigation on the proposed full-function joint venture between Bianchi and Sons Limited, Merill Invest Limited and Ziti Technologies Limited. 

The Office for Competition within the Malta Competition and Consumer Affairs Authority has opened an in-depth investigation to assess whether the proposed full-function joint venture between Bianchi and Sons Limited, Merill Invest Limited and Ziti Technologies Limited is in line with the Control of Concentrations Regulations (Subsidiary Legislation 379.08).

Should the parties’ request be acceded by the Office, Ziti Technologies Limited will become a shareholder in the already incorporated company Gozo Fast Ferry Limited, which currently has Bianchi and Sons Limited and Merill Invest Limited as shareholders. Following this transaction, Bianchi and Sons Limited, Merill Invest Limited and Ziti Technologies Limited will each own an equal share of Gozo Fast Ferry Limited, which manages and operates passenger fast ferry services between Valletta, Malta and Mġarr, Gozo.

Based on a preliminary assessment, the Office for Competition has serious doubts regarding the compatibility of the proposed concentration with the Control of Concentrations Regulations and it is of the view that the concentration could limit competition in the market for passenger fast ferry services between Valletta, Malta and Mġarr, Gozo. The Office for Competition believes that it could lead to adverse non-horizontal competition effects arising through input foreclosure; harming competition and consumer welfare in the process. For these reasons, the Office for Competition is of the view that the proposed concentration may lead to a substantial lessening of competition in the market for passenger fast ferry services at the national level. Therefore, the Office for Competition is hereby initiating proceedings for an in-depth investigation in accordance with regulation 6(1)(iii) of the Control of Concentrations Regulations to study the matter further.

Upon the closing of the phase II investigation, the Office for Competition may: 

• Adopt a non-opposition decision, if it considers that the concentration, as notified, or following modifications by the notifying parties through remedies, is not likely to create significant impediments to effective competition in the relevant markets; or 
• Adopt a prohibition decision, if it considers that the concentration is likely to create significant impediments to effective competition in the relevant markets.