Agreements restricting competition in trade

Abstract

The Constitution of the Republic of Malta directs the State to encourage private economic enterprise. Though this principle is not enforceable in any court, yet it is fundamental to the governance of the country and it should form the aim of the State to apply this principle in making laws. A private enterprise economy presupposes that the means of production as well as the goods that are produced are in private ownership. More relevant to our subject is the consideration that the principle of private economic enterprise also involves the opportunity of all persons within a community to trade freely and without restraint.