The Competition and Consumer Appeals Tribunal rejects the national competition authority’s claim to be party in proceedings reviewing its decisions, but allows it a limited right to attend and participate in such proceedings

In terms of Article 13A of Maltese Competition Act [1] (Chapter 379 of Laws of Malta, hereinafter referred to as 'MCA'), the Director General (Competition) (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 Joe Mizzi [3], 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, and accordingly rejecting the complaint. In the course of the hearing, and prior to the hearing of the case on the merits, the complainant raised a

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Phyllis Aquilina, The Competition and Consumer Appeals Tribunal rejects the national competition authority’s claim to be party in proceedings reviewing its decisions, but allows it a limited right to attend and participate in such proceedings, 21 March 2012, e-Competitions Bulletin March 2012, Art. N° 51100

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