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Competition Law and Mergers

Our Law Firm prides itself on its counseling ability so that clients can avoid costly litigation through preventive counseling. Issues pertaining to competition law and control of concentrations matters are a case in point. Our clients routinely rely on our advice in a wide variety of contexts, including in the formulation and implementation of distribution and/or purchasing agreements, in the structuring of licensing arrangements in particular franchise agreements, and in the planning of complex business combinations which could easily give rise to competition issues.

Sound competition law guidance not only avoids the consequences of a breach of the competition rules with increasingly heavy fines and unenforceable agreements following relative proceedings before the Competition Authorities and the Commission for Fair Trading on the local scenario, but it can also prove to be a forceful and useful vehicle in the event that a company’s ability to penetrate a market is being unfairly restricted as a result of activities of any undertaking or group of undertakings. Governments of each Member State are also subject to competition rules and principles before the European Commission and the European Court of Justice.

Tanti-Dougall & Associates, Advocates' experience and regular representation includes:

  • Advising companies on the compatibility of agreements or commercial actions (including distribution, licensing, pricing) with EU and national competition laws;
  • Notifying the European Commission and National Competition Authorities on merger transactions;
  • Defending companies accused of breaching the competition rules including cartels and abuse of dominant positions;
  • Drafting and filing of complaints with the National Competition Authorities and the European Commission to protect a clients' position from anti-competitive behaviour on the relative market by third parties or by government of a Member State;
  • Preparing corporate compliance programs; and
  • Advising trade organizations.

Tanti-Dougall & Associates, Advocates also has considerable expertise in advising clients on competition issues relating to international trade law such as anti-dumping.

Dr. Michael Tanti-Dougall, Senior Partner of Tanti-Dougall & Associates, Advocates is the co-author of the Malta Chapter of a three volume publication entitled European Competition Law: A guide to the EC and its Members States, by Prof. Frank Fine, General Editor, published by LexisNexis. The publication is an excellent point of reference which is updated every year by expert lawyers practising in the field of competition, mergers and acquisitions from each and every Member State. The Malta Chapter makes reference to the various judgments given over the past fifteen years by the Commission for Fair Trading and to its interpretation of the Competition Act which was originally drafted by Dr Tanti-Dougall in 1994. Dr Michael Tanti-Dougall who has addressed many seminars and conferences both locally and abroad, as well as lectured on competiton law, has also assisted in the setting up of the Office for Fair Competition as well as the Commission of Fair Trading.