Silvio Meli read at university Economics, Sociology, Philosophy and History of Mediterranean Civilization. He later received his Doctorate in Law from the same university. He furthered his studies at the Faculty of Theology, Malta, where he read Philosophy and Theology ; at the Ecclesiastical Tribunal of Malta where he read Canonical Marriage Jurisprudence and Procedure ; at Strasbourg where he read Jurisprudence and Human Rights ; at King’s College, University of London, where he read European Community Competition Law ; and again at King’s College, University of London, where he read European Community Law. He served as Senior Counsel for the Republic for a number of years and was appointed Magistrate in 1990. He presides over Courts of Magistrates in their Civil and Criminal Jurisdictions and he served also as President of Judicial Tribunals. He has conducted or participated in several Commissions and Boards of Inquiry amongst which are those leading to the setting-up of Local Councils in Malta, 1989. He is also a member of the International Competition Network and of the International Association of Youth and Family Judges and Magistrates. He also as a member of the Multidisciplinary Group on Corruption of the Council of Europe where he has contributed in the drafting of the Criminal Law Convention Against Corruption, Convention No. 173 and the Civil Law Convention Against Corruption. He has delivered various lectures and submitted written contributions for publication, both locally and abroad, on various subjects. He is a visiting lecturer in Philosophy of Law at the Faculty of Laws at the University of Malta.
4597
Synthesis The following is the fruit of the author’s experience in preceding over the Commission for Fair Trading of Malta since its inception. The analysis attempts to identify gaps and other short-comings in the existing regime with an eye on issues relating to Human Rights. I. PROPER (...)
3444
In this case the Maltese Commission had to decide whether the fact that the Electronics Communications Authority of Malta had a regulatory jurisdiction in relation to various telecommunications services in Malta prevented the Office of Fair Competition from investigating a complaint by (...)
3456
This preliminary judgement was brought about after the telecommunications undertaking that was subjected to the investigations of the Director of Fair Trading, hereinafter referred to as the “Director” (based on the Malta Competition Act), protested and held that he was precluded from doing (...)
4023
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 (...)
3506
This decision concerns the request for the granting of an individual exemption (based on the Malta Competition Act) of certain ingrained anti-competitive practices carried out by the applicant co-operative in the funeral transport market. After a detailed examination of the essential requites (...)
2526
In this case, the Maltese Commission for Fair Trading reached again the conclusion that there had been an infringement of the Competition Act. It concluded that the General Soft Drinks Co (’GSD’) had abused a dominant position in the market for one-litre bottles of carbonated soft drinks by (...)
3618
If there is one activity, above all, that competition law should combat, it is the horizontal cartel : firms that should, in a market-based economy, compete with one another for business should not be able to cooperate with one another, for example by fixing prices, sharing markets and (...)
2684
The decision concerns a circular issued by the applicant company to entrepreneurs who participate in the fairs and exhibitions it organizes. The specific issue raised concerned the granting of the right of preference to past exhibitors on the basis that these would have already invested in the (...)
3297
This case can be regarded as a landmark in the evolution of competition law in Malta : for the first time the Commission handed down a judgment in which it found that an infringement of the Competition Act had been committed. The Commission held that Malta Dairy Products Ltd (’MDPL’) held a (...)
3090
The General Retailers and Traders Union was concerned about the effect of a series of acquisitions of popular supermarkets in Malta by operators already involved in the same sector : could this be detrimental to other players in the market ? In other words, the issue was one of concentration (...)
3554
The complainant operated a newsagency in the Departure Lounge at Malta International Airport. When the Airport Authority invited tenders for new leases of premises at the airport, the complainant enjoyed a right of first refusal. However, the dominant importer of newspapers and periodicals, (...)
2710
In the present case the Maltese Office of Fair Competition had received a complaint in June 1996 concerning the sale of cigarettes through automatic vending machines. The Office investigated the complaint, and concluded that there was no infringement of the 1994 Act with the result that the (...)
2519
The purpose of competition law is to enhance consumer welfare : the most obvious infringement of the law is a horizontal agreement whereby the members of a cartel impose higher prices on their customers. However, many cases do not fit this fact pattern : often one of the parties to an (...)
2539
This decision concerns a request for the granting of an individual exemption (based on the Malta Competition Act) concerning various exclusivity agreements that the local manufacturer of Coca-Cola had entered into with a considerable number of outlets. It is also to be noted that this request (...)
2622
The merits examined here are identical to those relative to Request Number 1 of 1997. To avoid useless repetition reference is made to the decision following that request.
2814
The decision concerns a request for the granting of an individual exemption (based on the Malta Competition Act) to agreements already entered into by applicant company binding resellers of its products. The request centred around the fact that the termination of these agreements was going (...)
2503
The need for this publication has long been felt as the legislative hurdle to accessibility has now taken its toll. The principal aim for entertaining this enterprise is therefore at the same time both modest and simple. It is mainly intended to satisfy the necessity for ease of reference to (...)
