A 938
I assent.
(L.S.) GEORGE VELLA
President
23rd July, 2021
ACT No. XLV of 2021
An ACT to amend the Compet ition Act, Cap. 379 and the Malta
Competition and Consumer Affai rs Authority Act, Cap. 510 to
implement Directive (EU) 2019/1 of  the European Pa rliament and of
the Council of 11 December 20 18 to empower the competition
authorities of the Member States to  be more effective enforcers and to
ensure the proper functioning of the internal market and also to
provide for such matters  ancillary or incidental thereto or connected
therewith. 
BE IT ENACTED by the President, by and with the advice and
consent of the House of Represent atives, in this present Parlia ment
assembled, and by the authority of the same, as follows: 
Short title and 
commencement.1. (1) The short title of this Act is the Competition Act and the
Malta Competition and Consumer Affairs Authority (Amendment)
Act, 2021.
(2) This Act shall come into forc e on such date as the Minister
responsible for tourism and cons umer protection may by notice i n the
Gazette establish, and different dates may be so established fo r
different provisions of this Act. 
VERŻJONI ELETTRONIKA
A 939
Part I
Amendments to the Competition Act
Amendments to 
the Competition Act.
Cap. 379.2. This Part amends the Competiti on Act and it shall be read and
construed as one with the Compe tition Act, herein after in this Part
referred to as "the principal Act".
Amendment of 
article 2 of the principal Act.3. Article 2 of the principal Act shall be amended as follows:
(a) immediately after the definition "the Board" there
shall be added the following new definition:
" "competition authority" means a national
competition authority, the European Commission or both,
as the context may require;";
(b) immediately after the def inition "Director General"
there shall be added the following new definition:
" "document" includes information recorded in any
form;";
(c) immediately after the definition "European
Commission" there shall be added the following new definition:
" "European Competition Network" means the
network of public authoritie s formed by the national
competition authorities and the European Commission to
provide a forum for discussion and co-operation as regards
the application and enforcement of Articles 101 and 102 ofthe TFEU;";
(d) the definition "group of undertakings" shall be
deleted;
(e) the definition "National Competition Authority" shall
be substituted by the following:
" "National Competition Authority" means a national
competition authority as des ignated in terms of Article
35(1) of Council Regulation (EC) 1/2003 as beingresponsible for the application of Articles 101 and 102 ofthe TFEU;";
(f) immediately after the definition "restrictive practice"
there shall be added the following new definition:
" "settlement submissions" means a voluntary
presentation by, or on behalf of, an undertaking and, or an
VERŻJONI ELETTRONIKA
A 940
association of undertakings to the Office, describing the
undertaking's and, or association of undertakings’
acknowledgement of, or its re nunciation to dispute, its
participation in an infringement of articles 5 and, or 9 of
the Act and, or Articles 101 or 102 of the TFEU and its
responsibility for that infri ngement, which was drawn up
specifically to enable the Office to apply a simplified or
expedited procedure in terms of article 12B of the Act";
(g) the definition "turnover" shall be deleted;
 (h)  immediately after the definition "TFEU", there shall
be added the following new definition:
" "total worldwide turnover" means the annual total
worldwide turnover of an unde rtaking and, or association
of undertakings concerned;"; 
(i) the definition "undertaking" shall be substituted by
the following:
" "undertaking" means any person whether an
individual, a body corporate or otherwise, or any other
entity engaged in an economic activity, regardless of its
legal status and the way in which it is financed.".
Amendment of 
article 3 of the principal Act.4. The proviso to article 3 of t h e  p r i n c i p a l  A c t  s h a l l  b e
substituted by the following:
"Provided that the Director General may delegate any
of his powers to any officer within the Office.". 
Amendment of article 12 of the 
principal Act.5.  Article 12 of the principal Act shall be amended as follows:
(a) sub-article (2) thereof shall be substituted by the
following:
"(2) (a) During the course of any investigation
carried out by the Office in acco rdance with sub-article (1),
the Director General may request any undertaking or
association of undertaking s to furnish him with any
information or document which are accessible to such
undertaking and, or association of undertakings,
irrespective of where it is stored for the application ofarticles 5 and, or 9 of the Act and, or Articles 101 and, or
102 of the TFEU, which the D irector General has reason to
believe are necessary to the matter under investigation
within  such time that in the circumstances of the
VERŻJONI ELETTRONIKA
A 941
investigation the Director General may consider
reasonable:
Provided that such requests for information
shall be proportionate and the Director General may alsorequest the manner and form in which the information or
document are to be  produced or provided:
Provided further that during the course of any
investigation carried out by the Office in accordance with
sub-article (1), the Director G eneral may request any other
natural or legal persons to provide any information ordocument that may be relevant for the application ofarticles 5 and, or 9 of this A ct and, or Articles 101 and 102
of the TFEU within a specifi ed and reasonable time limit. 
(b) During the course of any investigation carried
out by the Office in accordance with sub-article (1), the
Director General may also su mmon any representative of
an undertaking or associat ion of undertakings, any
representative of other leg al persons, and any other person,
where such representative or person may possess
information relevant for the a pplication of articles 5, and or
9 of the Act and, or Articles 101 and, or 102 of the TFEU,
to appear for an interview at a place and time as specified
by the Director General to answ er questions with respect to
any matter relevant to the investigation:
Provided that the Director General may record
the interview in any manner and form deemed appropriateby him. 
(c) Nothing in this sub-article may be construed as
authorising the Director Gen eral to order the production of
any document or the disclosur e of any information which
may be subject to the duty of professional secrecy, exceptwhere such disclosure is allowed under the law.
(d) During the course of any investigation, when a
person, undertaking or associa tion of undertak ings answers
to questions raised by the Office both in writing andverbally, the person, undertaking or association of
undertakings concerned shall not be obliged to provide any
answer which might involve an admission on its part of the
existence of an infringement of articles 5, and, or 9 of the
Act and, or Articles 101 and, or 102 of the TFEU, but it is
in any event obliged to answer factual questions and to
VERŻJONI ELETTRONIKA
A 942
provide documents.";
(b) sub-article (6) thereof shall be substituted by the
following:
"(6) In the course of any investigation, whether
during an interview or insp ection, the Director General
may take statements from any person, as well as make
copies of any document produ ced to him, and the record of
such statements and such copies duly attested by theDirector General shall be produc ible as evidence before the
Court and before any other court of law."; 
(c) sub-article (7) thereof shall be substituted by the
following:
Cap. 379."(7) (a) The Director General and, or his officers
authorised by him and, or any other person authorised orappointed by the Director Gen eral duly authorised by a
warrant issued by a Magistrate may, for the purpose of anyinvestigation under this article conduct all necessaryunannounced inspections and enter into and search
premises, land or means of transport of undertakings and,
or association of undertakings for the application ofarticles 5 and, or 9 of the Act and, or Articles 101 and, or
102 of the TFEU. 
(b) The Director General and, or his officers
authorised by him and, or any other personauthorised or appointed by the Director General, duly
authorised by a warrant is sued by a Magistrate, may,
for the purpose of any investigation under this article,conduct all necessary unannounced inspections and
enter into and search any  premises, land or means of
transport, other than those referred to in paragraph(a) of this sub-article, including the homes ofdirectors, managers, and ot her members of staff of
undertakings or associations of undertakings, wherethe Director General has a reasonable suspicion thatdocuments related to the undertaking and, or
association of undertaking s and to the subject matter
of the inspection, which may be relevant to prove an
infringement of articles 5 and, or 9 of this Act and, or
Articles 101 and, or 102 of the TFEU are being kept
in those premises, land  or means of transport:
Provided that the Magistrate in deciding
VERŻJONI ELETTRONIKA
A 943
whether to issue a warrant  under sub-articles (7)(a)
and (b) shall ensure that the coercive measures
envisaged are neither ar bitrary nor excessive. 
(c) In the course of any search pursuant to
paragraphs (a) and (b) of this sub-article, the DirectorGeneral and, or any authorised officer and, or anyother person authorised or appointed by the Director
General shall be empowered to: 
(i) inspect and examine any object or
document, including books and other records
related to the business, irrespective of themedium on which they are stored and access
any information or document which are
accessible to the entity subject to theinspection:
Provided that this includes the
power to search for documents, files or data ondevices which are not precisely identified in
advance:
Provided further that the power to
examine books or records covers all forms ofcorrespondence, including electronic messages
irrespective of whether they appear to beunread or have been deleted; 
(ii) seize and confiscate any object or
document, or take or obt ain in any form, copies
of or extracts from such books or records or any
other document and whe re they consider it
appropriate, to continue making such searches
for information and the selection of copies or
extracts at the premises of the office or at any
other designated premises;
(iii) require any information which is
stored in a computer or any other object ordevice including external servers and cloudservices which are accessible from the
premises, land or means of transport, and which
the Director General  and, or his officers
consider relevant to the investigation, to be
delivered in a form in which it can be taken
away and in which it is visible and legible;
VERŻJONI ELETTRONIKA
A 944
(iv) order the non-removal of objects or
documents from any such premises, land or
means of transport;
(v) close and seal any or all parts of
such premises, land or means of transport, orput any books or records or any other object ordocument under seal for the period and to the
extent necessary for the inspection; 
(vi) ask any representative or member
or staff of the undertaking or association of
undertakings concerned for an explanation ofany fact or document relating to the subject-
matter and purpose of the inspection, or to state
to the best of their knowledge and belief wherethe documents may be found and record the
answers;
(vii) take any steps which appear to be
necessary to preserve any object or documentor to prevent any interference with such object
or document.
Cap. 9.(d) Notwithstanding any provisions
contained in the Criminal Code, the Director Generalshall have the right to appeal against a decision of theCourt of Magistrates to refuse to issue a warrant
under this sub-article, before the Court of Criminal
Appeal within five days from the date of such adecision and the Court of  Criminal Appeal shall
endeavour to decide in the shortest time possible.";
(d) sub-article (8) thereof shall be substituted by the
following:
"(8) (a) The warrant mentioned in sub-articles
(7)(a) and (b) shall specify the subject-matter, purpose of
the inspection, the date on which the inspection shall beginand the relevant penalties  provided for in article 21.
(b) The powers conferred by article 12(7) are
to be exercised by the Director General and, or hisofficers and, or any person authorised or appointedby the Director General on production of a warrant
issued under the said article.
(c) The Director General and, or any of his
VERŻJONI ELETTRONIKA
A 945
officers and, or any person authorised or appointed
by the Director General entering premises, land or
means of transport by virtue of a warrant issuedunder sub-articles (7)(a) and (b) may take with them
such equipment as appears to them to be necessary.".
Amendment of 
article 12A of the principal 
Act.6. Article 12A of the principal Ac t shall be amended as follows:
(a) sub-article (1) thereof shall be substituted by the
following:
"(1) Where, following an investigation, the Director
General considers that an in fringement of articles 5 and, or
9 of this Act and, or an infringement of Articles 101 and, or
102 of the TFEU may have occurred, he shall file in Court
a sworn application:
Provided that for the purposes of this sub-
article the Director General may also consider that aninfringement of articles 5 and, or 9 of this Act and, or an
infringement of Articles 101 and, or 102 of the TFEU mayhave occurred at some time in the past:
Provided further that for the purposes of the
previous proviso, it is imma terial whether the agreement,
decision, concerted practice or conduct in question remains
in existence:
Provided further that where the Director
General considers that an agreement or concerted practiceinfringes article 5(1) of this Act and, or Article 101(1) of
the TFEU, the Director General may institute proceedingsagainst a number of undertaki ngs which are less than those
undertakings who actually are a party or were a party tothat agreement or concerted practice, or are, or were
engaged in that conduct."; 
(b) in paragraph (c) of sub-article (2) thereof the words
"Contain a request" shall be s ubstituted by the words "Where
appropriate, contain a request"; 
(c) in sub-article (3) thereof the words "investigation
carried out by him." shall be substituted by the words
"investigation carried out by him:" and immediately thereafterthere shall be added the following new proviso:
"Provided that where the Director General
institutes proceedings relating to a matter in respect of
VERŻJONI ELETTRONIKA
A 946
which he has received a complaint, he may provide the
complainant with a copy of the  non-confidential version of
the report.";
(d) sub-article (6) thereof shall be substituted by the
following:
"(6) During court proceedings, the undertaking and,
or association of undertakings  concerned in receipt of a
sworn application, shall, upon a request to this effect, be
entitled to have access to the  file of the investigation
concerning their case, without prejudice to the non-
disclosure of information or documents identified by theDirector General deemed to contain business secrets, or
other confidential information, or internal documents of
the Director General or of the Competition Authorities ofother Member States. The Director General shall provide
access to the file of the investigation at any time:
Provided that any document forming part of the
access to the file may be provi ded by the Director General
to the defendant in different sittings."; 
(e) sub-article (7) thereof shall be substituted by the
following:
"(7) In the interpretation of this Act and of any
regulations made thereunder and in the exercise of his
responsibilities under this Act and any regulations made
thereunder, the Director General shall have recourse to the
judgements of the Court of Justice of the European Union,to relevant decisions and statements of the European
Commission including interpretative notices on the
relevant provisions of the TFEU and secondary legislationrelative to competition and may have recourse to his
decisions, and those of the Court and to those of the
Competition and Consumer Appeals Tribunal and theCommission for Fair Trading:
Provided that the Director General may have
recourse to other sources as l ong as they are consistent with
the competition law judgement s of the Court of Justice of
the European Union and to decisions and statements of theEuropean Commission."; and
(f)  immediately after sub-article (7) thereof there shall
be added the following new sub-article (8): 
VERŻJONI ELETTRONIKA
A 947
Cap. 12."(8) Notwithstanding any other provision in the
Code of Organisation and Civil Procedure, the evidence
admissible before the Court and in case of an investigation,
before the Office, shall include documents, oral statements,
electronic messages, record ings and all other objects
containing information, irresp ective of the form it takes
and the medium on which the information is stored.". 
Amendment of 
article 12B of 
the principal 
Act.7. Article 12B of the principal Ac t shall be amended as follows:
(a) sub-article (1) thereof shall be substituted by the
following:
"(1) The Director General together with any
undertaking and, or association of undertakings shall have
the right to demand, either during the course of the
investigation before the Office or at any stage after theclosure of the said investigation, that the investigation or
the proceedings before the Court, as the case may be, are
terminated by mutual consent between the DirectorGeneral and the undertaking and, or the association of
undertakings concerned by means of the settlement
procedure, which includes the finding of an infringement
in terms of article 13(1) and the imposition of a penalty by
the Court in terms of article 21(1) as provided for in thisarticle."; 
(b) in sub-article (2) thereof the words "which includes
the imposition of a penalty by the said Court:" shall besubstituted by the words "wh ich includes the finding of an
infringement in terms of article 13(1) and the imposition of apenalty in terms of article 21(1) by the said Court.";
(c) in sub-article (5) thereof the words "by a joint
application to be filed before the Court" shall be substituted bythe words "before the Office"; 
(d) sub-article (6) thereof shall be substituted by the
following:
"(6) (i) The documents and the information
exchanged between the Director General and the
undertaking and, or association of undertakings concerned
during the settlement procedure are confidential:
Provided that the infor mation given pursuant to
sub-article (5) shall be confidential in regard to  other
parties subject to the relevant investigation before the
VERŻJONI ELETTRONIKA
A 948
Office, save where the Director General has given a prior
explicit authorization for disclosure.
(ii) Settlement submissions shall only be
accessible to the undertakings and, or the associationof undertakings which are subject to the relevant
investigation before the  O f f i c e  o r  a r e  s u b j e c t  t o
relevant proceedings before the Court instituted in
terms of the Act or are subject to any relevantproceedings before the C ourt of Appeal and only for
the purposes of exercising their rights of defence.
(iii) The party who has obtained access to the
file during investigations before the Office or
proceedings before the Court or the Court of Appeal
may only use information taken from settlement
submissions submitted in terms of the Act where
necessary, to exercise its rights of defence in
proceedings before the courts of Malta in cases thatare directly related to the case for which access has
been granted, and only where such proceedings
concern:
(a) the allocation between cartel
participants of a penalty imposed jointly andseverally on them by the Court; or
(b) the appeal before the Court of
Appeal of a judgement by the Court finding aninfringement of articles 5 and, or 9 of the Act orArticles 101 and, or 102 of the TFEU.
(iv) The parties granted access to settlement
submissions together with their legal counsels who
are granted access on their behalf, cannot make any
copy by mechanical or electronic means of any
information in the settlement submissions to whichaccess is being granted.";
(e) sub-article (7) thereof shall be amended as follows:
(i) in the introductory part preceding paragraph (a)
thereof, the words "The settlement submissions which are
to be included in the joint application shall contain a
voluntary statement by the undertaking and, or association
of undertakings concerned containing the following
information:" shall be substituted by the words "The
VERŻJONI ELETTRONIKA
A 949
settlement submissions subm itted before the Office
pursuant to sub-article (5) s hall be produced together with
the joint application and shall contain a voluntary
statement by the undertaking and, or association of
undertakings concerned c ontaining the following
information:";
(ii) in paragraph (c) thereof the word "maximum" shall
be deleted;
(iii) in paragraph (f) thereof the words "challenge in any
way the settlement procedure or the judgement of the Court
including the penalty: and" shall be substituted by the words
"challenge in any way the settlement procedure, the investigation
related to the settlement procedure, or the judgement of the
Court including the penalty; a nd also waiver of any action or
claim deriving from the same settlement procedure and, or
related to the investigation rela ted to the settlement procedur e
and, or related to the judgem ent of the Court and, or the
penalty;"; 
(iv) paragraph (g) thereof shall be substituted by the
following: 
"(g) a statement of the undertaking and, or
association of undertakings c oncerned that it agrees with
the contents of the settlement submissions and that itagrees with the facts together with the legal assessment of
the facts of the infringement a s established by the Director
General in the joint  application; and";
(v) immediately after paragra ph (g) thereof there shall be
added the following n ew paragraph (h):
"(h) a statement by th e undertaking and, or
association of undertakings concerned that it agrees that ajoint application is filed in C ourt together with the Director
General to terminate the investigation or the proceedings,
as the case may be, by means of the settlement procedure,
and to request the Court to deliver a judgement on the basis
of the joint application:
Provided that the joint application shall also
include the following informa tion by the Director General:
(i) a short description of the facts of the
infringement and the legal assessment of the
VERŻJONI ELETTRONIKA
A 950
infringement; and
(ii) the specific amount of the penalty that the
Director General is requesting to be imposed on the
undertaking and, or association of undertakings
concerned;"; and
(f) in sub-article (9) thereof, the words "by reducing
between ten to thirty-five percent the amount of the penaltyrequested to be imposed by t he Court on the undertaking, and, o r
association of undertakings concerned" shall be substituted bythe words "by reducing the penalty which would otherwise have
been requested by the Director General to be imposed by theCourt in terms of article 21(1) of the Act by ten to thirty-fiv e per
centum (10-35%)".
Amendment of 
article 12C of 
the principal 
Act.8. Article 12C of the principal Act shall be amended as follows:
(a) in sub-article (4) thereof  the words "business secrets
or other confidential information." shall be substituted by the
words "business secrets or other confidential information:" andimmediately thereafter there sh all be added the following new
proviso:
"Provided that the Director General may
request the authorisation of t he Court to seek the views of
market participants or of any other third parties by
informing them directly regarding the proposedcommitments, which request  shall also include the
authorization of the Court on the manner in which the saidproposed commitments are to  be published and the time
within which all views of market participants or of any
other third parties should be r eceived in the registry of the
Court.";
(b) immediately after sub-article (6) thereof there shall
be added the following new sub-article (7):
"(7) The Office shall have the powers to monitor the
effective implementation of the commitments referred to in
sub-article (1) or in article 17 and for this purpose, article
12 shall apply mutatis mutandis .". 
Substitution of 
article 12D of the 
principal Act.  9.  Article 12D of the principal Act shall be substituted by the
VERŻJONI ELETTRONIKA
A 951
following:
Amendment of 
article 13 of the principal Act.10. In article 13 of the principal Act, immediately after sub-artic le
(2) thereof, there shall be added the following new sub-article (3): 
"(3) Where the Office had informed the European
Commission in accordance with A r t i c l e  1 1 ( 3 )  o f  R e g u l a t i o n
(EC) No. 1/2003 and the Court decides that there are no grounds
to continue proceedings before it and as a result closes thoseproceedings, the Office shall inform the European Commission
accordingly.". 
Amendment of 
article 13B of the principal 
Act.11. Article 13B of the principal Ac t shall be amended as follows:
(a) in the first proviso to sub- article (2) thereof the words
"in terms of article s 12C or 13 of the Act " shall be substitute d by
the words " in terms of arti cles 12C, 13, 13A or 21 of the Act" ;
(b) in sub-article (6) thereof the words "enforcement of
judgements." shall be substituted by the words "enforcement of
judgements and decrees."; 
(c) in sub-article (7) thereof the words "may have
recourse" shall be substituted by the words "shall have recours e";
and 
(d) immediately after sub-article (7) thereof there shall"Access to file 
by parties and 
limitations on 
the use of information.12D. The following categorie s of information obtained
by a party during an investigation of the Office or during
proceedings before the Court shall not be used by that
party in proceedings before the Courts of Malta, unless the
Court has closed its proceedin gs before it with respect to
all parties under investigation by delivering a judgement
referred to in articles 12C, 1 3 or 13A, or otherwise has
terminated its proceedings, or unless the Office has closedits investigation before it wi th respect to all parties under
investigation by delivering a decision in accordance to
article 17, or otherwise has te rminated its investigation:
(a) information that was prepared by other
natural or legal persons specifically for theinvestigation carried out by the Office or the
proceedings before the Court;
(b) information that the Office has drawn up
and sent to the parties in the course of its
investigation; and
(c) settlement submissions that have been
withdrawn.". 
VERŻJONI ELETTRONIKA
A 952
be added the following new sub-article (8): 
"(8) Proceedings before the Court concerning
alleged infringements of artic les 5 and, or 9 of  the Act and,
or Articles 101 or 102 of the TFEU, including the exercise
of the powers by the Director General and the Office under
this Act and, or any regulation made thereunder applying
those articles, shall comply with general principles of
Union law and the Charter of Fundamental Rights of the
European Union.".
Amendment of 
article 14 of the 
principal Act.12. Article 14 of the principal Act shall be amended as follows:
(a) in sub-article (2) thereof the words "he shall inform
the complainant." shall be substituted by the words "he shall
inform the complainant:" and immediately thereafter there shall
be added the following new proviso:
"Provided that where, having informed the
European Commission in accordance with Article 11(3) ofRegulation (EC) No. 1/2003, the Office decides that thereare no grounds to continue the i nvestigation and as a result
closes the investigation, th e Office shall inform the
European Commission accordingly."; 
(b) in sub-article (4) thereof the words "twenty days
from the date of the judgment of the Court." shall be substitut ed
by the words "twenty days from the date of the judgment of theCourt:" and immediat ely thereafter there shall be added the
following new proviso:
"Provided that in case of any proceedings
instituted under this article before the Court or the Court of
Appeal, the Director General s hall act as an official party
to the proceedings and enjoy the same rights which pertainto his counterparty.". 
Amendment of 
article 15 of the 
principal Act.13. Article 15 of the principal Act shall be amended as follows:
(a) the first proviso to sub-article (1) thereof shall be
substituted by the following:
"Provided that any decree imposing interim
measures issued according to this provision shall be
enforceable upon its delivery and any interim measure
shall be proportionate and shall apply either for a specifiedperiod of time to be determined by the Court or until the
final judgement on the merits of the case is delivered by
VERŻJONI ELETTRONIKA
A 953
the Court:";
(b) in sub-article (2) thereof the words "in support of the
demand that is being filed." sha ll be substituted by the words "in
support of the demand that is being filed:" and immediately
thereafter there shall be added the following proviso:
"Provided that together with the application,
the Director General may also include a report in theEnglish language with any findings in order to sustain his
demand.";
(c) sub-article (3) thereof shall be substituted by the
following:
"(3) The application shall be served on the
undertakings and, or associations of undertakingsconcerned which shall file a r eply thereto within eight days
from the date of service of t he application, containing all
the submissions together with all the documents in support
of the reply that is filed:
Provided that the Court may reduce the said
period indicated in this sub-article, as it deems fit in thecircumstances.";
(d) in sub-article (5) thereof the words "service of such
an application." shall be substituted by the words "service ofsuch an application:" and immediately thereafter there shall beadded the following proviso:
"Provided that an appeal filed in accordance
with this sub-article shall not  have the effect of suspending
any interim measures imposed by the Court.";
(e) immediately after sub-article (6) thereof there shall
be added the following new sub-article (7): 
 "(7) The Office shall inform the European
Competition Network of the i nterim measures imposed in
case of a prima facie  finding of an infringement of Article
101 and, or Article 102 of the TFEU, referred to in sub-
article (1).".
Substitution of 
article 16 of the 
principal Act.  14. Article 16 of the principal Act shall be substituted by the
VERŻJONI ELETTRONIKA
A 954
following:
Substitution of 
article 17 of the 
principal Act .15. A r t i c l e  1 7  o f  t h e  p r i n c i p a l  A c t  shall be substituted by the
following: "Immunity or 
reduction of 
penalties for 
infringements of article 5 of 
the Act and, or 
Article 101 of the TFEU.
L.N. 264 of 
2021.16. When an undertaking and, or an association of
undertakings cooperates with the Office to uncover
agreements between undertakings and, or decisions of an
association of undertakings and, or a concerted practice
that infringes article 5 of this Act and, or Article 101 ofthe TFEU and where the existence of such an agreement,
decision or concerted prac tice is partially or wholly
concealed, the provisions contained in the Immunity fromPenalties and Reduction of Penalties in Cartel
Investigations Regulations shall apply mutatis mutandis .".
"Commitments 
decision by the 
Director 
General.17. (1) Notwithstanding anything contained in this
Act, the Director General may at his own discretion,
instead of instituting judici al proceedings according to
article 12A of this Act requesting the Court to issue ajudgement declaring comm itments to be binding on
undertakings and, or association of undertakings pursuant
to article 12C of this Act, decide to issue a commitments
decision to make commitments binding on the
undertaking or association of undertakings.
(2) For the purposes of sub-article (1), in an
investigation initiated with a view to adopt a decision
requiring that an infringement o f article 5 and, or 9 of this
Act and, or Article 101 and, or 102 of the TFEU be
brought to an end, the Director General may, after
formally or informally seeking the views of marketparticipants, by decision make commitments offered by
undertakings or associations of undertakings binding,
where those commitments meet the concerns expressed bythe Director General. Such a decision may be adopted for
a specified period, and shal l conclude that there are no
longer grounds for action by the Director General:
Provided that the Director General may re-open
the proceedings where it result s to him that there has been
a material change in any of the facts on which the decisionwas based, or where the und ertakings or association of
undertakings act contrary to their commitments, or where
a decision referred to in this sub-article was based on
incomplete, incorrect or misleading information provided
by the parties. 
VERŻJONI ELETTRONIKA
A 955
(3) (a) Where the Director General intends to
adopt a decision under this ar ticle, he shall, besides other
methods that the Director General may adopt to seek the
views of market participants, publish a concise summary
of the case and the main contents of the commitments orof the proposed course of action. 
(b) Interested third parties may submit their
observations within the time-limit set by the
Director General  in the publication.
(c) The time-limit mentioned in paragraph
(b) may not be less than one month.
(d) In the publication mentioned in
paragraph (a) the Director  General shall have regard
to the legitimate interest of undertakings in theprotection of business secrets or other confidential
information.
(4) Any person, undertaking or association of
undertakings concerned may contest any commitmentsdecision adopted by the Dire ctor General by filing an
application before the Court within twenty days from thedate of publication of the decision on the Authority’swebsite: 
Provided that the application shall be served on
the Director General and the said Director General shall
file his reply thereto within twenty days from the date of
service of the application.
(5) The Court may either confirm in whole or in part,
or modify or quash the decision of the Director General.
(6) The Director General and any party to the
proceedings before the Cour t who feels aggrieved by a
judgement of the Court in ter ms of this article may appeal
on points of law and, or fact to the Court of Appeal bymeans of an application filed in the registry of that Court,
within twenty days from the date of the judgement of the
Court:
Provided that in case of any proceedings
instituted under this article b efore the Court or the Court
of Appeal, the Director General shall act as one of the
parties to the proceedings and shall enjoy the same rights
which pertain to his counter-party. 
VERŻJONI ELETTRONIKA
A 956
Amendment of 
article 19 of the principal Act.16. Article 19 of the principal Act shall be amended as follows:
(a) sub-article (2) thereof shall be substituted by the
following:
Cap. 510. "(2) The Director General shall have the power,
subject to the protection of business secrets and other
confidential information, to publish any information and
any other material in conne ction with this Act or any
regulations made thereunder or in connection with the
responsibilities of the Offi ce under article 14 of the Malta
Competition and Consumer Affairs Authority Act."; and
(b) immediately after sub-article (2) thereof there shall
be added the following new sub-article (3): Cap. 12.(7) Upon publication of the decision of the Director
General pursuant to article 1 9 such decision shall, without
prejudice to the rights stipulated under this article,
constitute an executive title for all effects and purposes of
Title VII of Part I of Book Second of the Code ofOrganization and Civil Procedure: 
Cap. 12. Provided however that, notwithstanding the
provisions of article 256(2) of the Code of Organization
and Civil Procedure, the execu tive title referred to in this
sub-article shall not be enforceable before the lapse oftwenty days from the publica tion of the decision on the
Authority's website and th at decision has not been
contested.
Cap. 510.(8) Without prejudice to paragraph (c) of sub-article
(1) of article 14 of the Malta Competition and ConsumerAffairs Authority Act, for the  purposes of this article the
Office: 
(a) shall also have the responsibility to
determine and suppress re strictive practices through
the issuing of a commitments decision; and
(b) with regard to the a pplication of Articles
101 and 102 of the TFEU, shall also be designatedas the competent competition authority together
with the Court pursuant to Council Regulation (EC)No. 1/2003 on the implementation of the rules on
competition laid down in Articles 81 and 82 of
Regulation 1/2003 to adopt commitmentsdecisions.".
VERŻJONI ELETTRONIKA
A 957
L.N. 264 of 
2021."(3) Notwithstanding the pr ovisions of sub-article
(1) or of any other law, judge ments of the Courts of Malta
shall not publish evidence take n from leniency statements
submitted pursuant to the Immunity from Penalties and
Reduction of Penalties in Cartel Investig ations Regulations
and evidence from settlement submissions:
Provided that the identity of the undertaking
and, or association of undertakings which submitted thesettlement submissions or the leniency statement shall be
published in the judgement.". 
Amendment of 
article 21 of the 
principal Act.17. Article 21 of the principal Act shall be amended as follows:
(a) sub-article (1) thereof shall be substituted by the
following:
"(1) The Court shall impose a penalty of not more
than ten percent of the total worldwide turnover of an
undertaking and, or association of undertakings concerned
in the business year preceding the judgement imposing thepenalty under this sub-article, for each infringement where
the undertaking and, or association of undertakings
intentionally or negligently:
(a) infringes the provisions of articles 5 and,
or 9 of the Act; and, or
(b) infringes Article 101 and, or 102 of the
TFEU:
Provided that where the infringement of
an association of undertakings  relates to the activities
of its members, the penalty shall not exceed ten percentum  of the sum of the total worldwide turnover of
each member active on the market affected by the
infringement of the ass ociation of undertakings.";
(b) sub-article (2) thereof shall be amended as follows:
(a) in paragraph (a) thereof the words "annual
turnover of its members" shall be substituted by the words
"turnover of its members";
(b) paragraph (c) thereof shall be substituted by the
following: 
"(c) The financial liability of each undertaking in
VERŻJONI ELETTRONIKA
A 958
respect to the payment of the penalty shall not exceed the
maximum amount in accordance with sub-article (1)."; 
(c) in sub-paragraph (iii) of  paragraph (a) of sub-article
(3) thereof the words, "pursuant to article 12C" shall besubstituted by the words "pursuant to articles 12C or 17";
(d) immediately after sub-para graph (iv) of sub-article
(4)(b) thereof there shall be added the following new sub-paragraph (v):
"(v) the disclosure of information to any third party
not part of the relevant proceedings under this Act or the
copying of any documents made contrary to the provisionsof article 12B(6).".
(e)  sub-article (5) thereof shall be substituted by the
following:
"(5) The Court shall impose a penalty on any
person, undertaking and, or association of undertakings notexceeding fifty thousand euro (€50,000) or a penalty notexceeding one per centum  (1%) of the total worldwide
turnover of the undertaking or  association of undertakings
in the business year preceding the judgement imposing thepenalty under this sub-article, whichever is the highest,
where any person, undertaking and, or association of
undertakings in the course of any investigation pursuant toarticle 12 or in the course of a sector inquiry pursuant to
article 11A, intentionally or negligently:
(a) give any false, misleading, incomplete or
incorrect information in r esponse to a request for
information or question referred to in article 12, or
they do not supply the information within the
specified time limit;
(b) produce or furnish, or cause or knowingly
allow to be produced or furnished any document orinformation which they know to be false in any
particular material;
(c) fail to comply with an inspection and, or
obstruct the Director Gener al and, or his officers and,
or any other person authorised or appointed by theDirector General in the exercise of their powers
under a warrant issued under article 12(7)(a) and (b);
VERŻJONI ELETTRONIKA
A 959
(d) break the seals affixed by officers of the
Office or other accompanying persons authorised or
appointed by the Director General during aninspection;
(e) in response to a question referred to in
article12(7)(c)(vi), give an incorrect, misleading
answer, fail or refuse to provide a complete answer; 
(f) disclose information to any third party
not party of the relevant proceedings under this Act
or make copies of any documents contrary to the
provisions of article 12B(6);
(g) fail to appear at an interview referred to
in article 12; or
(h) prevent or hinder any investigation or
sector inquiry.";
(f) sub-article (6) thereof shall be substituted by the
following:
"(6) Where during the course of any investigation or
inquiry conducted under the Act, a person, being a director,manager, secretary or any other similar officer of anundertaking or association of  undertakings or any other
person who has to reply to a request for information or aquestion pursuant to artic le 12 knowingly or recklessly: 
(a) gives any false, incorrect or misleading
information; 
(b) supplies incomplete information; 
(c) prevents or hinders any investigation; 
(d) produces or furnishes, or causes or
knowingly allows to be produced or furnished, any
document or information which he knows to be false
in any particular material; or
(e) fails without reason able cause to supply
the information requested,
may be liable to a penalty of not less than
one thousand and five hundred euro (€1,500) and not
more than ten thousand eu ro (€10,000), and may also
VERŻJONI ELETTRONIKA
A 960
be liable to a penalty of up to two thousand and four
hundred euro (€2,400) for each day in default."; 
(g) sub-article (7) thereof shall be substituted by the
following:
"(7) The Court shall impose on an undertaking and,
or association of undertakings, periodic penalty payments
determined in proportion to the average daily total
worldwide turnover of the unde rtaking and, or association
of undertakings concerned in the preceeding business year,for each day of delay, calculated from the date set in the
judgement or decision issued by the Director General, as
the case may be, in order to compel it or them: 
(i) to comply with a cease and desist order
and, or a compliance order  pursuant to article 13A; 
(ii) to comply with interim measures pursuant
to article 15;
(iii) to comply with a commitment made
binding pursuant to articles 12C or 17;
(iv) to submit to an inspection and to produce
the required objects, documents or other records asreferred to in article 12;
(v) to supply complete information in
response to a request for information referred to inarticles 11A and 12;
(vi) to supply correct information and, or to
produce the requested documents in response to arequest for information referred to in articles 11A and
12;
(vii) to appear at an interview as referred to in
article 12; and
(viii) to stop from pursuing any other conduct
which is hindering the investigation or sector inquiry
and, or to rectify any acts or omissions.";
(h) sub-article (9) thereof shall be substituted by the
following:
VERŻJONI ELETTRONIKA
A 961
"(9) The Court may consider compensation paid as
a result of a consensual settlement when determining the
amount of a penalty to be imposed for an infringement of
articles 5 and, or 9 of this Act and, or Articles 101 and, or
102 TFEU in accordance with  regulation 17(3) of the
Competition Law Infringeme nts (Action for Damages)
Regulations as contained in the  Schedule to the Act."; and
(i) immediately after sub-article (9) thereof there shall
be added the following new sub-articles (10), (11) and (12): 
"(10) For the purposes of the imposition of penalties
on parent companies and legal and economic successors ofundertakings, the notion of undertaking in accordance with
the case law of the Court of Justice of the European Union
shall apply.
(11) The liability for the payment of any type of
penalty arising under this art icle shall be without prejudice
to any other liability that a person, undertaking and, orassociation of undertakings may be subject to under any
other law.
(12) Notwithstanding the provisions of any other
law, at any time prior to the delivery of a judgementimposing a penalty under this article, the Court may
request the total worldwide turnover from any undertakingand, or association of undertakings.".
Amendment of 
article 26A of 
the principal 
Act.18. Article 26A of the principal Ac t shall be amended as follows:  
(a) sub-article (1) thereof shall be substituted by the
following:
"(1) Penalties or periodi c penalty payments shall
only be imposed under article 21 of the Act when judicial
proceedings concerning infringements contemplated in the
Act are instituted within five years after the termination ofthe infringement:
Provided that in the case of infringements of
the Act concerning requests for information, production ofdocuments and the conduct of inspections, penalties or
periodic penalty payments shall only be imposed under
article 21 of the Act when judicial proceedings areinstituted within three years after the termination of the
infringement.";
VERŻJONI ELETTRONIKA
A 962
(b) sub-article (3) thereof shall be substituted by the
following:
"(3) (a) The prescription period for the imposition
of penalties or periodic pena lty payments by the Court
pursuant to article 21 of the Act shall be int errupted by any
formal investigative measure of  the Director General or, in
the case of the application of Articles 101 and 102 of the
TFEU also, by any formal investigative measure of a
competition authority with a view to investigating or
instituting proceedings for the infringement. 
(b) The prescription period for the imposition of
penalties or periodic pena lty payments by the Court
pursuant to article 21 of the Act shall be interrupted for the
duration of the investigation or proceedings before thenational competition authorities of other Member States or
the European Commission in respect of an infringement
concerning the same agreement , decision of an association
of undertakings, concerted practice or other conduct
prohibited by Article  101 or 102 of the TFEU. 
(c) The prescription period referred to in this sub-
article shall be interrupted with effect from the date ofnotification of the first formal investigative measure to at
least one undertaking or assoc iation of undertakings which
has participated in the  alleged infringement.";
(c) in sub-article (4) thereof the words "Actions which
interrupt" shall be substituted by the words "Formal investigat ive
measures which interrupt";
(d) in sub-article (5) thereof the words "in the
infringement." shall be substituted by the words "in the allege d
infringement.";
(e) sub-article (7) thereof shall be substituted by the
following:
"(7) The interruption of the prescription period shall end
on the day the Court closes the proceedings before it bydelivering a judgement pursuan t to articles 12C, 13, 13A or 21 of
this Act or when the Director General issues a decision in term s
of article 17 of this Act or when the Director General or theCourt conclude that there are no grounds for further action on
their part."; 
(f) immediately after sub-article (7) thereof there shall
VERŻJONI ELETTRONIKA
A 963
be added the following new sub-article (8):
"(8) The prescription period for the imposition of
penalties and periodic penalty payments shall be suspended
for as long as proceedings instituted pursuant to the
provisions under this Act are  pending before the Court or
the Court of Appeal.".
Amendment of 
article 27 of the 
principal Act. 19. The second proviso to sub-article (1) of article 27 of the
principal Act shall be substituted as follows:
"Provided further that where the competition issue
raised before any court of civil  jurisdiction is subject to pen ding
proceedings instituted by the Dir ector General before the Court ,
or may be the subject of proceedings before the Court at any
point in time as contemplated in this Act, any other court of c ivil
jurisdiction where the competiti on issue mentione d in sub-artic le
(1) has been raised shall refer the proceedings to the competen t
court.". 
Amendment of 
article 30 of the 
principal Act .20. Sub-article (1) of article 30 o f  t h e  p r i n c i p a l  A c t  s h a l l  b e
substituted by the following:
"30. (1) Subject to the provi sions of sub-article (2),
the provisions of this Act shall also apply to any
Government department or to any body corporate
established by law or to any company or other partnershipin which the Government, dir ectly or indirectly, holds a
controlling interest or to which the Government hasgranted special or exclusi ve rights in any field: 
Cap. 12. Provided that article 460(1) of the Code of
Organisation and Civil Procedure shall not apply to theprovisions of this sub-article and to causes instituted by
the Director General pursuant to the provisions of this Act
against any Government department, authority, agency or
any other Government body, where in the opinion of the
Director General, the said Government department,
authority, agency or any other Government body performsthe function of an undertaking as defined under this Act.".
VERŻJONI ELETTRONIKA
A 964
Part II
Amendments to the Malta Compe tition and Consumer Affairs 
Authority Act
Amendments to 
the Malta Competition and 
Consumer 
Affairs Authority Act.
Cap. 510.21. T h i s  P a r t  a m e n d s  t h e  M a l t a  Competition and Consumer
Affairs Authority Act and it shall be read and construed as one  with the
Malta Competition and Consumer Affairs Authority Act, hereinaft er in
this Part referred to as "the principal Act".
Amendment of 
article 13 of the principal Act.22. Immediately after sub-article (2 ) of article 13 of the principa l
Act there shall be added the following new sub-articles (3) and (4):
Addition of 
article 13A to 
the principal Act.23. Immediately after article 13 of the principal Act there shall be
added the following new article 13A:Cap. 379."(3) The Office for Competition shall have a
sufficient number of qualified staff and sufficient
financial, technical and technological resources that are
necessary for the effective performance of their duties,
and for the exercise of their powers for the application of
articles 5 and, or 9 of the Competition Act and, or Articles
101 and, or 102 of the TFEU.
Cap. 379.(4) Without prejudice to na tional budgetary rules and
procedures, the Office for Competition shall be grantedindependence in the spending  of the allocated budget for
the purpose of carrying out its duties as set out in article
14 of this Act, the Competition Act and any regulationsmade thereunder.".
"Independence . 13A. (a) The Director General, his officers working
at the Office for Competi tion and any other person
assisting the Office for Competition shall:
Cap. 379.(i) perform their dutie s and exercise their
powers for the application of articles 5 and, or 9 ofthe Competition Act and, or Articles 101 and, or 102
of the TFEU, and any other responsibility vested in
the Office for Competition as emanating from thisAct, the Competition Act or any other regulation
made thereunder, impartially  and in the interests of
the effective and uniform application of Articles 101
and, or 102 of the TFEU and independently from
political and other external influence; 
VERŻJONI ELETTRONIKA
A 965
Cap. 379.(ii) neither seek nor take any instructions
from Government or any other public or private
entity when carrying out their duties and exercising
their powers for the application of articles 5 and, or
9 of the Competition Act and, or Articles 101 and,or 102 of the TFEU, without prejudice to the right of
the Government, where applicable, to issue general
policy rules that are not rel ated to sector inquiries or
specific investigations of the Office for
Competition;
Cap. 379.(iii) refrain from taking any action which is
incompatible with the performance of their duties
and, or with the exercise of their powers for the
application of article 5 and, or article 9 of the
Competition Act and, or Articles 101 and, or 102 ofthe TFEU and are subject to procedures that ensure
that, for a reasonable period of time after leaving
office, they refrain from dealing with cases whichare, or were before the Office for Competition, that
could give rise to conflicts of interest as provided in
article 46 of this Act.
Cap. 379.(b) Any person who takes decisions at the Office for
Competition exercising the powers contemplated in theCompetition Act or under any regulations made
thereunder shall not be dismissed from the Office for
Competition for reasons relating to the properperformance of their duties, or to the proper exercise of
their powers for the application of articles 5 and, or 9 of
the Competition Act and, or Articles 101 and, or 102 ofthe TFEU: 
Provided that the person may be dismissed only if
he no longer fulfills the conditions required for the
performance of his duties, or if he has been found guilty
of serious misconduct under national law, which includes
the following:
Cap. 379.(i) if the person fails to perform his duties
impartially and independently, in relation to the
application of articles 5 a nd, or 9 of the Competition
Act and, or Articles 101 a nd, or 102 of the TFEU, or
of any duties in relation to his Office emanatingunder this Act, the Competition Act and any
regulation made thereunder; 
(ii) if the person has been found guilty by a
competent court of a criminal offence under article
28 of this Act;
VERŻJONI ELETTRONIKA
A 966
Amendment of 
article 14 of the 
principal Act.24. Sub-article (1) of article 14 of  the principal Act shall be
amended as follows:
Amendment of article 15 of the 
principal Act.25. In paragraph (f) of sub-article (1) of article 15 of the princi pal
Act the words "under its regulat ory regime." shall be substitut ed by the
words "under its regulatory regime:" and immediately thereafter  there
shall be added the following new proviso:
 "Provided that the Offic e for Competition may reject
complaints on the grounds that it does not consider such
complaints to be an enforcement priority.".
Amendment of 
article 29 of the principal Act.26. Sub-article (3) of article 29 of  the principal Act shall be(iii) if the person has been convicted of a
criminal offence affecting public trust, or of theft or
fraud.".
(a) paragraph (a) thereof shall be substituted by the
following: 
Cap. 379."(a) to investigate restrictive practices which
allegedly distort or restric t competition and to act as
an official party in proceedings instituted by the
Director General and in such manner he shall enjoy
the same rights which pertain to his counter-party in
court proceedings, before  the Civil Court under the
Competition Act and in case when there is an appeal
from judgements of the Civ il Court delivered under
the Competition Act, before  the Court of Appeal;";
(b) paragraph (f) thereof shall be substituted by the
following:
Cap. 379. "(f) to encourage undertakings and
associations of undertakings to comply with
competition law and to promote sound trading
p r a c t i c e s  a n d  t o  p r o m o t e  p u b l i c  a w a r e n e s s  o f
articles 5 and 9 of the Com petition Act and Articles
101 and 102 of the TFEU;";
(c) paragraph (k) thereof shall be substituted
by the following: 
"(k) to co-operate closely in the
European Competition Network with a view to
ensuring the effective and uniform application
of Articles 101 and 102 of the TFEU and to
participate in meetings organised by
international agencies and organisations;".
VERŻJONI ELETTRONIKA
A 967
substituted by the following:
Amendment of 
article 58 of the principal Act. 27. In article 58 of the principal Act  the words "from time to time
require." shall be substituted by the words "from time to time require:"
and immediately thereafter there  shall be added the following n ew
proviso: 
"Provided that with reference to such report, the
sections relating to the Office for Competition shall include
information about the appointments and dismissals of the
Director General and the Direct ors, the amount of resources tha t
were allocated in the relevant year, and any changes in that
amount compared to previous years . Such report shall be made
available to the public.".
Amendment of 
article 70 of the principal Act.28. Immediately after sub-article (7)  of article 70 of the principa l
Act there shall be added the following new sub-article (8): Cap. 379.
S.L. 379.08."(3)  In the case of a decision adopted by the Director
General (Competition) under ar ticle 17 of the  Competition
Act, or in the case of any information or material
published in terms of article 19 of the said Competition
Act, or in the case of objections or a decision under theControl of Concentrations Regulations, or in any other
case where the Director General considers it necessary, the
persons, undertakings and a ssociations o f undertakings
concerned may be required to identify any part of anydecision, objections, publications or documents which intheir view, contains business secrets or other confidential
information.".
Cap. 379.
Act No. XLV 
of 2021."(8) The provisions of the Competition Act as
amended by virtue of the Competition Act and the Malta
Competition and Consumer Affairs Authority
(Amendment) Act, 2021 shall not apply to investigationsinstituted by the Director G eneral (Competition) and to
any judicial proceedings filed by the Director General(Competition) in accordance with the Competition Act
before the entry into force of the Competition Act and the
Malta Competition and Consumer Affairs Authority
(Amendment) Act, 2021.
VERŻJONI ELETTRONIKA
_________________________________________________________________________________________________________________________
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
€2.88A 968
Passed by the House of Representatives at Sitting No. 489 of the 
14th July, 2021.
CLAUDETTE BUTTIGIEG
Deputy Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
VERŻJONI ELETTRONIKA