Lex Mundi Global Merger Notification Guide

Yes, the Control of Concentrations Regulations, S.L.379.08 ("the Regulations") are applicable to mergers and acquisitions. The Regulations are subsidiary legislation made under the Competition Act (Chapter 379 of the Laws of Malta).

The Office for Competition within the Malta Competition and Consumer Affairs Authority is the national competition authority. The Director General ("DG") heading the Office for Competition is responsible for assessing concentrations falling under the Regulations.

The DG's decisions are subject to appeal before the Civil Court (Commercial Section). The Civil Court (Commercial Section)'s judgment is also subject to appeal before the Court of Appeal. The appeal may be on points of law and fact.