Competition watchdog left powerless to implement decisions

A court judgment passed in May has left the competition and consumers watchdog unable to order that legal breaches be rectified, the Times of Malta is informed.

This was confirmed by the Malta Competition and Consumer Affairs Authority itself. It said that, after an investigation of more than a year and a half into competition in the fuels market, it could not take effective remedial action.

“It seems the government is in no hurry to propose the required legal amendments even though Malta is effectively without a competition watchdog,” sources close to the MCCAA said.

“Proposals have been made to the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties, but it seems this is not a priority,” the sources added.

In May, the Court of Appeal confirmed an earlier ruling in a case instituted by the Federation of Real Estate Agents. Upholding the case against the MCCAA, the court ruled that the Director General for Competition could not decide cases over alleged breaches of rules and impose fines, because only a proper court could guarantee a fair hearing.

It also ruled that certain parts of the Competition Act were in breach of the Constitution and had to be amended.

The...