Fair trading and restrictive trade practices : a comparative study

Abstract

'Fair Trading and Restrictive Trade Practices : a comparative study' analyzes the recently enacted Maltese Competition Act (Act XXXI of 1994) whilst comparing it to Articles 85 and 86 of the Treaty of Rome. Other competition laws have been taken into consideration; mainly the UK Restrictive Trade Practices Act 1976 and the US Sherman Act. The Maltese Competition Act, in particular its Articles 5 and 9 are modeled on the Treaty of Rome. These mainly deal with prohibited agreements or concerted practices and the abuse by undertakings of their dominant position. Moreover particular attention is given to market sharing agreements; price fixing agreements; exclusive purchase agreements; agreements on industrial and commercial property rights; and exclusive or distribution agreements. Though in Malta block exemptions have not been issued, an analysis of the block exemptions currently in force in the European Union has been made and this in virtue of Malta's future accession to the European Union. Other provisions of the Maltese Competition Act have also been critically examined in the light of other provisions of Maltese law and general principles of law. In fact in Malta prior to the enactment of the Competition Law there was no specific code of anti-trust law to regulate anti-competitive behaviour, but only different laws enacted throughout different periods. The Competition Act enacted last year bridges Maltese Law to the needs of today's Maltese economy, and to the EU competition practices to which the Maltese entrapreneurs would be subject upon Malta's accession to the European Union.