The Maltese Competition Commission overturns a ruling of the Director of Office of Fair Trading and proclaims that a public body constitutes an ?undertaking’ for competition law purposes (Bargain Holidays - European Air Bargains / Malta Tourism Authority)

Article 14 of Maltese Competition Act (Chapter 379 of Laws of Malta, hereinafter referred to as ‘MCA') requires the Director of the Office of Fair Trading (hereinafter referred to as ‘Director') to examine the admissibility or otherwise of any complaint submitted to his office. Although the law further requires him not to carry out or proceed with the investigation where he is of the opinion that the complaint is prima facie inadmissible, Article 14(1)(b) enables complainant to request the Director, within 15 days of notification of the latter's decision, to submit the same to the Commission for Fair Trading (hereinafter referred to as the ‘Commission') for review. Basing itself on its authentic interpretation of the law, the Commission has constantly held that this provision vests it with