The local legal context
Malta's Control of Concentrations Regulations require qualifying transactions to be notified to the Office for Competition. MCCAA guidance identifies a concentration through merger or acquisition of control and then applies the relevant Maltese turnover criteria.
The parties should check the current thresholds and clearance requirement before implementation. Commercial cooperation that falls outside merger control can still raise competition issues, so information-sharing and restrictive provisions need their own assessment. The review should consider the market context, control relationships and commercial effects, with sensitive information restricted during negotiations and separate responsibility assigned for any notification or clearance before implementation.
Key laws & official sources
Explains concentration classification, Maltese turnover tests and the need for clearance before implementing a notifiable transaction.
Merger clearance, foreign-investment screening and sector approval are separate; investigate the relevant jurisdiction and current thresholds before implementation.
Practical next steps
- Assess control and Maltese turnover before implementing a concentration.
- Assess control, turnover, market position and restrictive clauses.
- Preserve clean-team arrangements and regulatory correspondence.
Documents to prepare
- Market and turnover information
- Commercial agreements and internal guidance
- Regulator correspondence and transaction papers
How Jurisiti can help
Competition analysis depends on conduct, market conditions and jurisdictional thresholds rather than the contract label alone. National rules and EU rules may both require consideration where their conditions are met. Review exclusivity, information exchange, pricing restrictions and filing obligations before implementing an arrangement.
- Distribution and cooperation arrangements
- Merger control and transaction planning
- Investigations, compliance and damages claims
Questions about your matter
How do I start a competition & antitrust enquiry in Malta?
Identify the jurisdiction, the people involved, any existing proceeding or deadline, and the result you need. A short chronology and the key documents help define the proposed engagement before local professional arrangements are confirmed.
Can a cross-border matter involve more than one legal system?
Yes. Malta may be one part of a wider matter involving another place of residence, contracting party, asset or forum. Applicable law, jurisdiction and enforcement should be assessed separately, using the relevant national and international rules.
Does this guide establish a lawyer-client relationship?
No. An enquiry or use of this guide does not establish an engagement. Conflicts, professional authority, scope, responsibilities and fees must be confirmed before work is undertaken.
These guides provide general legal information. The operative law, deadlines, professional permissions and scope of work are confirmed for the particular matter. Representation is arranged through appropriately authorised local practitioners.