Competition law and small island economies : challenges, disadvantages and opportunities

Abstract

In this webinar we intend to address certain particularities which Malta faces in the field of competition law. We will address the following: 1. Maltese Competition laws: a. Recently adopted laws and the changes brought about by these amendments b. Upcoming changes to our laws 2. Challenges faced by Malta and presumably other small island economies to establish a well-developed competition law practice and suggestions on how to turn these challenges into opportunities. Some initial ideas include: a. Small islands where players and competitors know each other and interact on a daily basis – potential for inadvertent collusion? b. Instilling a compliance culture – advocating for compliance programmes to be adopted in businesses to ensure an a priori compliance culture rather than ex post putting out of fires approach c. Leniency – lessons to be learnt or inspiration to be drawn from the French Clemence programme? d. Litigation aspects – know your rights under the EC Damages Directive? 3. We would like this webinar to address both the public and the private sector. The aim is to: (i) Call on the Government to empower the Office for Competition both in terms of resources and as a policy priority; (ii) Urge the Office to publish recommendations, guidelines etc to assist the industry better understand its obligations and to develop a competition law acquis and practice (iii) Evoke (or try to evoke) in private sector/ market player a sense of the importance of competition compliance which should be in-built in businesses' daily activities rather than having to deal with problematic situations ex post by discussing Compliance Programmes, leniency programmes etc. Practical examples as to what businesses should do and how they should do it will be provided. (iv) Inform the public about their rights pursuant to the EC Damages Directive.