Antitrust Investigations Are Not Criminal In Nature

On the 12 July 2019, the Constitutional Court handed down judgment in Falzon Group Holdings Limited et v Director General (Competition). Plaintiffs were seeking to have competition proceedings struck out on the basis that the investigation conducted by the Director General (Competition) under the dispositions of the Competition Act (Cap 379 of the laws of Malta and hereinafter the 'Act') breached their right to a fair hearing under article 39(1) of the Constitution and article 6 of the European Convention on Human Rights.

This case was filed in the wake of Federation of Estate Agents v Director General (Competition), by virtue of which competition proceedings leading to the imposition of a penalty were deemed to be criminal in nature and, consequently, in breach of the constitutional right to a fair hearing as proceedings were not heard by a court ( read more here).