The Maltese Competition and Consumer Appeals Tribunal upholds NCA’s request not to exhibit documents obtained in the course of its investigations which were not used for rejecting the complaint (The Hon. Joe Mizzi)

In terms of Article 13A of Maltese Competition Act [1] (Chapter 379 of Laws of Malta, hereinafter referred to as 'MCA'), the Director of the Office for Fair Trading (hereinafter referred to as 'Director') applied to the Competition and Consumer Affairs Tribunal [2] (hereinafter referred to as 'Tribunal'), following the request of the complainant The Hon. Joe Mizzi [3] (hereinafter referred to as 'Mizzi' or 'complainant'), to review the Director's ruling that the Office is precluded from investigating allegations of anticompetitive behaviour on the part of the monopolistic national providers of electricity and water, classifying their conduct (including prescribed rises in energy pricing) as State Action.. Mizzi's first ground for review is an allegation of breach of his right to a fair