Proposed Amendments To Malta's Merger Rules: Public Consultation Launched

The key changes and implications on deals and merger compliance are outlined below:

1. Raised notification thresholds

The aggregate turnover threshold for mandatory notification will increase from circa €2.3 million to €4.5 million, and at least two undertakings each achieving €800,000 turnover in Malta. This replaces the previous 10% combined turnover test with a simpler fixed-amount calculation.

This would mean fewer transactions requiring mandatory notification. This will help to reduce the regulatory burden and compliance costs on smaller enterprises.

2. Call-in power for below-threshold mergers

The Director General will gain authority to require notification of below-threshold concentrations where they may affect competition in Malta. Crucially, this power cannot be exercised retrospectively: once a transaction has been implemented, it falls outside the call-in regime. However, once called in, a standstill obligation applies until the Office