Silvio Meli

Superior Courts of Malta (Valletta)
Judge

Silvio Meli read at university Economics, Sociology, Philosophy and History of Mediterranean Civilization. He later received his Doctorate in Law from the same university. He furthered his studies at the Faculty of Theology, Malta, where he read Philosophy and Theology; at the Ecclesiastical Tribunal of Malta where he read Canonical Marriage Jurisprudence and Procedure; at Strasbourg where he read Jurisprudence and Human Rights; at King’s College, University of London, where he read European Community Competition Law; and again at King’s College, University of London, where he read European Community Law. He served as Senior Counsel for the Republic for a number of years and was appointed Magistrate in 1990. He presides over Courts of Magistrates in their Civil and Criminal Jurisdictions and he served also as President of Judicial Tribunals. He has conducted or participated in several Commissions and Boards of Inquiry amongst which are those leading to the setting-up of Local Councils in Malta, 1989. He is also a member of the International Competition Network and of the International Association of Youth and Family Judges and Magistrates. He also as a member of the Multidisciplinary Group on Corruption of the Council of Europe where he has contributed in the drafting of the Criminal Law Convention Against Corruption, Convention No. 173 and the Civil Law Convention Against Corruption. He has delivered various lectures and submitted written contributions for publication, both locally and abroad, on various subjects. He is a visiting lecturer in Philosophy of Law at the Faculty of Laws at the University of Malta.

Articles

50312 Bulletin

Silvio Meli Maltese competition law and human rights: some insights

4557

Synthesis The following is the fruit of the author’s experience in preceding over the Commission for Fair Trading of Malta since its inception. The analysis attempts to identify gaps and other short-comings in the existing regime with an eye on issues relating to Human Rights. I. PROPER (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading confirms that the jurisdiction of the Communications Authority did not exclude the Office of Fair Competition’s ability to investigate under the Competition Act (Datastream)

3411

In this case the Maltese Commission had to decide whether the fact that the Electronics Communications Authority of Malta had a regulatory jurisdiction in relation to various telecommunications services in Malta prevented the Office of Fair Competition from investigating a complaint by Vodafone (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading holds that it had concurrent jurisdiction with the telecommunications regulator on telecommunications issues (Datastream)

3413

This preliminary judgement was brought about after the telecommunications undertaking that was subjected to the investigations of the Director of Fair Trading, hereinafter referred to as the “Director” (based on the Malta Competition Act), protested and held that he was precluded from doing so. (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading confirms that the Transport Authority was not an undertaking, consequently its monopoly was not subject to the Competition Act (Carmel Mifsud)

3971

Competition law controls the anti-competitive agreements and the abusive behaviour of undertakings, but much anti-competitive behaviour is caused by the state. Complainants are often frustrated when they discover that the conduct of which they complain is attributable to the state acting in its (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading rejects the application for a request for an individual exemption from a cooperative benefiting of a de facto monopoly in the funeral transport market (Cooperative motor hearse owners)

3466

This decision concerns the request for the granting of an individual exemption (based on the Malta Competition Act) of certain ingrained anti-competitive practices carried out by the applicant co-operative in the funeral transport market. After a detailed examination of the essential requites (...)

Richard Whish, Silvio Meli The Maltese Competition Authority condemned for the first time ever an infringement of the Competition Act under the form of abusive tying in the agricultural sector (Malta Dairy Products)

3248

This case can be regarded as a landmark in the evolution of competition law in Malta: for the first time the Commission handed down a judgment in which it found that an infringement of the Competition Act had been committed. The Commission held that Malta Dairy Products Ltd (’MDPL’) held a (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading decided that a complainant can not raise matters that were not included within the original complaint before the Office of Fair Competition (M. Vending / Austria Tabak)

2665

In the present case the Maltese Office of Fair Competition had received a complaint in June 1996 concerning the sale of cigarettes through automatic vending machines. The Office investigated the complaint, and concluded that there was no infringement of the 1994 Act with the result that the (...)

Richard Whish, Silvio Meli The Maltese Competition Authority stops investigation on alleged abuse of dominant position ruling that the agent was economically integrated with its principal and formed a single economic entity (GRTU)

2478

The purpose of competition law is to enhance consumer welfare: the most obvious infringement of the law is a horizontal agreement whereby the members of a cartel impose higher prices on their customers. However, many cases do not fit this fact pattern: often one of the parties to an agreement, (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading rejected an individual exemption request concerning exclusivity agreements in the soft drinks distribution sector (General soft drinks I)

2492

This decision concerns a request for the granting of an individual exemption (based on the Malta Competition Act) concerning various exclusivity agreements that the local manufacturer of Coca-Cola had entered into with a considerable number of outlets. It is also to be noted that this request (...)

2473 Review

Silvio Meli Malta: A review of the Commission for Fair Trading case law

2473

The need for this publication has long been felt as the legislative hurdle to accessibility has now taken its toll. The principal aim for entertaining this enterprise is therefore at the same time both modest and simple. It is mainly intended to satisfy the necessity for ease of reference to (...)

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