B 2050
L.N. 265 of 2021
COMPETITION ACT 
(CAP. 379)
Mutual Assistance between National Competition Authorities 
Regulations
IN EXERCISE of the powers conferred by article 33(2)(a) of the
Competition Act, the Minister responsible for tourism and consumer
protection, after consultation with the Board of Governors of the Malta
Competition and Consumer Affairs Authority, has made the following
regulations: 
Title. 1.The title of these regulations is the Mutual Assistance
between National Competition Authorities Regulations, 2021 .
Interpretation. 2.In these regulations, unless the context otherwise requires: 
" "the Act" means the Competition Act;
"applicant authority" means a national competition
authority of a Member State which makes a request for mutual
assistance as referred to in Chapter VII of the Directive;
"Court" shall have the same meaning assigned to it in the
Act;
"the Directive" means Directive (EU) 2019/1 of the
European Parliament and of the Council of 11 December 2018 to
empower the competition authorities of the Member States to be
more effective enforcers , and to ensure the proper functioning of
the internal market;
"enforcement   proceedings"   means   the   proceedings
before   a national competition authority of one of the Member
States for the application of Articles 101 and, or 102 of the
TFEU, until that competition authority has closed such
proceedings either by concluding that there are no grounds for
further action on its part or by taking a decision referred to in
Articles 10, 12 or 13 of the Directive; 
"final decision" means a decision delivered by a national
competition authority , which includes any decision delivered by
a national administrative competition authority or any judgment
or decision delivered by a Court or Tribunal or other
adjudicating body in a Member State imposing fines or periodic
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penalty payments adopted in accordance with Articles 13 and 16
of the Directive that cannot be, or that can no longer be, appealed
by ordinary means;
"national competition authority" shall have the same
meaning assigned to it in the Act;
"Office" shall have the same meaning assigned to it in the
Act; 
"requested authority" means a national competition
authority which   receives   a   request   for   mutual   assistance
from a   national competition authority of another Member State
and, in the case of a request for assistance as referred to in
Articles 25, 26, 27 or 28 of the Directive, means the competent
public body which has principal responsibility for the
enforcement of such decisions under national laws, regulations
and administrative practice of the Member State in question;
"request for assistance" means   a   request   submitted   by
an applicant authority to a requested authority , for the
notification of preliminary objections and other documents in
terms of Article 25 of the Directive, or for the enforcement of
decisions imposing fines or periodic penalty payments in terms
of Article 26 of the Directive;
"TFEU" means the Treaty on the Functioning of the
European Union .";
(2) Other terms used in these regulations shall have the same
meaning as assigned to them in the Act.
Scope of these 
regulations.3.These regulations implement the provisions on mutual
assistance between competition authorities found in Directive (EU)
2019/1 of the European Parliament and of the Council of 11 December
2018 to empower the competition authorities of the Member States to
be more effective enforcers , and to ensure the proper functioning of
the internal market.
Competent 
Authority.4.For the purposes of these regulations, the Office shall act as
a requested authority or an applicant authority, as the case may be.
Co-operation 
with national 
competition 
authorities.5.(1) When acting as an applicant authority, the Office may
request a national competition authority of another Member State to
carry out an inspection or interview on its behalf pursuant to Article 22
of Regulation (EC) No 1/2003, and the Director General may appoint
officials and other accompanying persons to attend and actively assist
the requested authority in the inspection or interview. 
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(2) When acting as a requested authority, the Office may, at the
request of a national competition authority of another Member State,
exercise the powers referred to in article 12 of the Act on behalf of ,
and for the account of , that national competition authority in order to
establish whether there has been a failure by undertakings or
associations of undertakings to comply with the investigative measures
and decisions adopted by the applicant authority in the exercise of its
powers under its respective national laws transposing Articles 6 and 8
to 12 of the Directive.
(3) When acting as an applicant authority, the Office may
request a national competition authority of another Member State,  to
use its powers under its national law on behalf of, and for the account
of the Office , in order to establish whether   there   has   been   a
failure   by undertakings or associations of undertakings,  to comply
with its investigative measures and decisions adopted by the Office or
the Court as referred to in articles 12, 12C, 13, 13A, 15 and 17 of the
Act. 
(4) Where the Office, acting as the requested authority, carries
out an inspection or interview on behalf of , and for the account of ,
other national competition authorities pursuant to Article 22 of
Regulation (EC) No 1/2003, officials and other accompanying persons
authorised or appointed by the applicant authority shall be permitted to
attend and actively assist the Office, under the supervision of the
officials of the Office, in the inspection or interview when the Office
exercises the powers referred to in article 12 of the Act.
(5) Where the Office, acts as an applicant authority or as a
requested authority pursuant to sub-regulations (2) and (3), it shall
have the power to exchange information with the national competition
authority of any other Member State and to use such information in
evidence for the purposes referred to in sub-regulations (2) and (3),
subject to the safeguards set out in Article 12 of Regulation (EC) No 1/
2003.
Requests for the 
service of 
preliminary 
objections and 
other documents.6.(1)  When acting as the requested authority, the Office
shall at the request of the applicant authority, cause the following
documents to be served on the addressee on behalf of the applicant
authority, by attaching the documents to be served to a judicial letter
filed in the Registry of the Superior Courts:
(a) any preliminary objections relating to an alleged
infringement of Articles 101 and, or 102 of the TFEU and any
decisions applying those articles;
(b) any   other   procedural   act   adopted   in   the
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context   of enforcement proceedings which should be notified in
accordance with the national law of the applicant authority; and
(c) any other relevant documents related to the
application of Articles 101 and, or 102 of the TFEU, including
documents which relate to the enforcement of decisions
imposing fines or periodic penalty payments.
Cap. 12. (2) The provisions of the Code of Organization and Civil
Procedure shall apply mutatis mutandis  to the mode of service referred
to in the preceding sub-regulation.
(3) The Office shall keep a record and a copy of all requests
and of all acts or documents to which this regulation applies, and shall
promptly inform the applicant authority whenever a   service   is
effected or whenever   a   difficulty   is   identified   or   encountered
in connection with the service, and of any further action taken
following the service.
(4) The provisions of sub-regulations (1) and (2) shall be
without prejudice to any other form of notification made by an
applicant authority of the applicant Member State in accordance with
the rules in force in that Member State.
(5) Where the Office acts as the applicant authority, it may
request the requested authority of another Member State, to notify to
the addressee on its behalf, the following acts or documents:
(a) any preliminary objections as contained in the sworn
application and, or in the report in terms of article 12A of the Act
or in the joint application in terms of article 12B of the Act or the
application and, or any related document in terms of article 15 of
the Act, relating to an alleged infringement of Articles 101 and,
or 102 of the TFEU and any decisions of the Office or Court
applying those articles;
(b) any procedural act adopted in the context of
enforcement proceedings which should be notified in accordance
with Maltese law; and
(c) any other relevant documents related to the
application of Articles 101 and, or 102 of the TFEU including
documents which relate to the enforcement of decisions
imposing penalties or periodic penalty payments adopted by the
Court. 
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Requests for the 
enforcement of 
decisions 
imposing fines, 
penalties or 
periodic penalty 
payments.7.(1) At the request of the applicant authority, where the
Office acts as the requested authority, it shall file a sworn application
requesting the Court to enforce any final decision imposing a fine or
periodic penalty payments adopted in accordance with Articles 13 and
16 of the Directive by the applicant authority:
Provided that this sub-regulation shall apply only to the
extent that, after having made reasonable efforts in its own   territory,
the   applicant   authority has ascertained that the undertaking or
association of undertakings against which the fine or periodic penalty
payment is enforceable does not have sufficient assets in the Member
State of the applicant authority to enable recovery of such fine or
periodic penalty payment.
(2) For   cases not covered by the preceding sub-regulation, in
particular cases where the undertaking or association of undertakings
against which the fine or periodic penalty payment is enforceable is
not established in the Member State of the applicant authority, where
the Office acts as the requested authority, it may, where the applicant
authority so requests, file a sworn application requesting the Court to
enforce a final decision imposing a fine or periodic penalty payment
adopted in accordance with Articles 13 and 16 of the Directive by the
applicant authority:
Provided that paragraph (d) of regulation 8(3) shall not
apply for the purposes of this sub-regulation.
Cap. 12. (3) Without prejudice to the provisions of regulation 8, a final
decision delivered by a national competition authority of another
Member State, as referred to in sub-regulations (1) or (2) of this
regulation, shall be enforceable by the Court in the same manner as a
judgement delivered by that Court imposing a penalty or a periodic
penalty payment pursuant to article 21 of the Act, and the provisions of
the Code of Organization and Civil Procedure shall mutatis mutandis
apply to the said decision.
(4) The Office, where it acts as the applicant authority, may
request a requested authority to enforce a final decision imposing a
penalty or periodic penalty payment adopted pursuant to article 21 of
the Act where, after having made reasonable efforts, the Office has
ascertained that the undertaking or the association of undertakings
against which the penalty or periodic penalty payment is enforceable
does not have sufficient assets in the territory of Malta to enable the
recovery of such penalty or periodic penalty payment.
(5) For   cases not covered by the preceding sub-regulation, in
particular cases   where   the   undertaking   or association   of
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undertakings against which the penalty or periodic penalty payment is
enforceable is not established in Malta, the Office, where it acts as the
applicant authority, may request the requested authority, to enforce a
final decision imposing a penalty or periodic penalty payments
adopted pursuant to article 21 of the Act:
Provided that point (d) of regulation 8(3) shall not apply for
the purposes of this sub-regulation. 
(6) Limitation periods for the enforcement of fines, penalties,
or periodic penalty payments according to this regulation shall be
governed by the national law of the Member State of the applicant
authority.
General    
principles of co-
operation.8.(1) After ascertaining that a request for assistance made
to the Office by an applicant authority of another Member State, as
referred to in regulations 6(1) and 7(1) or (2) , contains all the
information referred to in sub-regulations (2) and (3), as the case may
be, and that such request is accompanied by a copy of the act,
document or decision to be served or enforced, the Office shall take all
necessary measures to enable such requests to be executed without
undue delay.
(2) Any request referred to in the preceding sub-regulation
shall indicate:
(a)   the name, known address of the addressee, and any
other relevant information for the identification of the addressee;
(b)   a summary of the relevant facts and circumstances;
(c)   a summary of the attached copy of the act to be
notified or enforced;
(d)   the name, address and other contact details of the
requested authority; and
(e) the period within which notification or enforcement
should be effected, such as statutory deadlines or limitation
periods.
(3) Requests referred to in regulation 7(1) or (2) shall, in
addition to the requirements set out   in the preceding sub-regulation,
provide the following:
(a)   information about the decision permitting enforcement
in the Member State of the applicant authority;
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(b)   the date when the decision became final;
(c)   the amount of the fine or periodic penalty payment;
and 
(d)   information showing that reasonable efforts were made
by the applicant authority to enforce the decision in its own
territory.
(4) A request for assistance made by an applicant authority of
another Member State in accordance with the preceding sub-regulation
shall constitute the sole basis for the enforcement measures taken by
the Court pursuant to regulation 7(3), and the decision to be enforced
shall not be subject to any act of recognition, supplementing or
replacement by the Court. The Office shall request the Court to adopt
all measures deemed necessary for the execution of the decision,
unless it invokes sub-regulation (5). 
(5) Where the Office acts as the requested authority, it may
refuse to seek execution of a request as referred to in regulations 6(1)
or 7(1) or (2) if:
(a) the request does not comply with the requirements of
this regulation; or
(b) the Office is able to demonstrate reasonable grounds
how the execution of the request would be manifestly contrary to
public policy in Malta:
Provided that if the Office intends to refuse a request
for assistance as referred to in this sub-regulation, or requires
additional information, it shall contact the applicant authority.
(6) (a) The information referred to in sub-regulations (2) and
(3), shall be sent in the Maltese or English language, unless the Office
and the applicant authority bilaterally agree on a case by case basis
that such information may be sent in another language.
(b) Where so requested by the Office, the applicant
authority shall provide a translation of the act to be notified or
the decision permitting enforcement of the fine or periodic
penalty payment in the Maltese or English language, without
prejudice to the right of the Office and the applicant authority to
bilaterally agree, on a case by case basis, that such translation
may be provided in a different language.
(7) Where the Office, acting as the requested authority so
requests, the applicant authority shall bear all reasonable additional
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costs in full, including translation, labour and administrative costs, in
relation to actions taken by the Office on behalf of the applicant
authority as referred to in sub-regulations (3), (4) and (5) of regulation
5 or 6(1).
(8) Where the Office acts as the requested authority it shall
endeavour to recover:
(a) the full costs incurred in relation to actions filed by
the Office pursuant to regulation 7(1) or (2) from the fines or
periodic penalty payments it has collected on behalf of the
applicant authority, including translation, labour and
administrative costs:
Provided that where the Office is unsuccessful in
collecting such fines or periodic penalty payments, it may
request the applicant authority to bear the costs incurred; and
(b) the costs incurred in relation to the enforcement of a
decision imposing a fine or a periodic penalty payment, pursuant
to regulation 7(3) from the undertaking or association of
undertakings against which the decision is enforceable.
(9) Where it acts pursuant to the preceding sub-regulation, the
Office shall recover the amounts due in euro, in accordance with the
laws, regulations and administrative procedures or practices in force in
Malta:
Provided that the Office shall, if necessary, in accordance
with Maltese law and practice, convert the fines or periodic penalty
payments into Euro at the rate of exchange applying on the date on
which such fines or periodic penalty payments were imposed.
Requests made 
by the Office 
where it acts as 
the applicant 
authority.9.(1) A request made by the Office, where it acts as the
applicant authority pursuant to regulations 6(5) or 7(4) or (5), shall be
drawn up in the Form prescribed in the Schedule and shall be
accompanied by a copy of the document, act or decision to be notified
or enforced.
(2) The prescribed form referred to in the preceding sub-
regulation shall be sent to the requested authority in the official
language, or in one of the official languages of its Member State s,
unless the Office and the requested authority bilaterally agree on a case
by case basis , that the said form may be sent in another language.
(3) Where required under the national law of the Member State
of the requested authority, the Office, where the Office acts as the
applicant authority pursuant to regulations 6(5) or 7(4) or (5), it shall
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provide a translation of the act, document or decision to be notified or
enforced into one of the official languages of the Member State of the
requested authority, without prejudice to the right of the Office and the
requested authority to bilaterally agree, on a case by case basis, that
such translation may be provided in a different language.
(4) Where the Office acts as an applicant authority, and on the
request of the requested authority, it shall bear all reasonable
additional costs in full, including translation, labour and administrative
costs, in relation to actions taken on its behalf by the requested
authority as referred to in regulations 5(1),(2), and (5) or 6(5). 
Disputes 
concerning 
requests for 
notification or 
enforcement 
imposing 
penalties or 
periodic penalty 
payments.10.(1) Any dispute concerning a request for assistance made
pursuant to these regulations shall fall within the competence of the
Maltese Courts and shall be governed by the laws of Malta where the
Office acts as the applicant authority , and insofar as the dispute
concerns:
(a) the lawfulness of an act to be notified in accordance
with regulation 6(5) or of a decision to be enforced in accordance
with regulation 7(4) or (5); or 
(b) the lawfulness of the prescribed Form drawn up by
the Office as provided in the Schedule permitting enforcement in
the Member State of the requested authority.
(2) Without prejudice to the preceding sub-regulation, where
the Office acts as the requested authority , any dispute concerning the
enforcement measures taken by the Court pursuant to regulations 7(3)
or 8(4), or concerning the validity of a service made by the Office
pursuant to regulation 6(1), shall also fall within the competence of the
Maltese Courts and shall be governed by the laws of Malta.
The English 
language version 
shall prevail.11.In the event of conflict or incompatibility between the
Maltese and English language versions of these regulations, the
English language version shall prevail. 
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SCHEDULE
Form for requests by the Office where it acts as the Applicant 
Authority (regulation 9)
☐Request for the notification of preliminary objections and other 
documents according to regulation 6(5)
☐Request for the enforcement of decisions imposing penalties or 
periodic penalty payments according to regulation 7(4) or (5)
A. Applicant authority
1. Name: Office for Competition 
2. Street name and number: 
3. Postcode and town: 
4. Country: 
5. Contact person(s): 
6. Tel. (country code)(area code): 
7. Fax (country code) (area code): 
8. E-mail:
B. Requested authority
1. Name: 
2. Street name and number: 
3. Postcode and town: 
4. Country: 
5. Contact person(s):
6. Tel. (country code) (area code): 
7. Fax (country code) (area code): 
8. E-mail:
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C. Addressee
☐Natural person
1. Surname: 
2. Official name/s: 
3. Date of birth: 
4. Place of birth: 
5. Details of address: street name and number, town an d
postcode:
6. Country: 
7. Fax (country code) (area code): 
8. E- mail: 
9. Identity card reference number/passport reference number 
and country of issue/company registration reference number
☐Legal entity
1. Name: 
2. Legal form: 
3. Identity card reference number of legal representative/
passport reference number and country of issue of legal
representative:
4. Company registration reference number:
5. Details of address: street name and number, town and 
postcode: 
6.Country: 
7.Fax (country code) (area code):
8.E-mail:
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D. In case of a request for the notification of preliminary
objections and other documents
Nature of the document
☐Preliminary objections to the alleged infringement of
Articles 101 or 102 of the TFEU
☐Decision that applies Articles 101 or 102 of the TFEU
☐Other procedural acts adopted in the context of
enforcement proceedings
☐Other relevant documents related to the application of
Articles 101 or 102 of the TFEU, including documents which relate
to the enforcement of decisions imposing penalties or periodic
penalty payments
E. In case of a request for the enforcement of decisions
imposing penalties or periodic penalty payments
1. Type of claim
☐Penalty
☐Periodic penalty payment
2. Information about the decision permitting enforcement in
the Member State of the applicant authority:
3. Date on which the penalty or periodic penalty payments
were imposed: 
4. Date of notification of the decision: 
5. Date when the decision became final: 
6. Amount of the penalty or periodic penalty payment: 
7. Amount and calculation of the amount to be enforced by
the requested authority: 
8. Where applicable: information about where the penalty or
periodic penalty payment should be paid (details about entity
receiving the payment and bank account number):
9. Information showing that reasonable efforts were made by
the applicant authority to enforce the decision in its own territory:
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________________________________________________________________________________________________________________________
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz /Price
€0.1.17B 2062
10. Where applicable: the reasons of the applicant authority for
not enforcing the decision in its own territory:
F. Summary of the relevant facts and circumstances:
G. Summary of the attached copy of the act to be notified
or enforced:
H. Period within which notification or enforcement should
be effected (such as statutory deadlines or limitation periods)
I. List of Annexes
To be filled in by the requested authority:
J. Completion of notification:
Date and address of notification: 
☐ On behalf of the requested authority, I hereby confirm that
the notification was completed in accordance with the national law
and formalities of the Member State of the requested authority
☐ Confirmation of notification enclosed
☐ Attempt of notification negative
☐ Bill of expenses attached
Date: Signature and/or stamp:
K: Completion of Enforcement
Date and address of enforcement/attempt
☐ Enforcement was completed. Requested amount was
enforced in full
☐ Enforcement/attempt was partial
☐ Billing expenses attached
DateSignature and/or stamp
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