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)

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 public-law function

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Authors

  • King’s College (London)
  • Superior Courts of Malta (Valletta)

Quotation

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), 5 July 2004, e-Competitions State intervention, Art. N° 15758

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