The Maltese Competition Commission confirms cease-and-desist order for finding of price-fixing and other collusive behaviour between undertakings operating at retail level (“Supermarkets”)

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10 October 2005, Retail Marketing Limited, Co-op Trading Limited, Tower Supermarkets Complex Limited, Shopwise Foods Limited, Shoppers Limited, Polrem Limited PR Company Limited and S Borg & Sons Ltd, Request n° 2/2004

, Commission’s review of cease-and-desist order issued by Director of Office of Fair Trading against eight undertakings involved in the operation of supermarkets in Malta
In terms of Article 13A of Maltese Competition Act (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 Commission for Fair Trading (hereinafter referred to as ‘Commission'), following the request of the undertakings concerned, to review his decision finding such undertakings to have participated in anti-competitive practices in violation of Article 5 MCA (similar to Article 81EC) and ordering them to immediately cease and desist from such practices. Article 12(1) MCA lays down that “It shall be the duty of the Director to ensure that the provisions of this Act are observed by all, and to gather information that may be necessary for him or the Commission to carry out their

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