Effective
and up-to-date competition policy is beneficial both to traders
and to consumers- Competitiveness and Communications Minister Censu
Galea
Date: 25/01/2005
The
updating of competition laws in Malta will continue with changes
in merger and acquisition laws in the coming months, Competitiveness
and Communications Minister Censu Galea said on Monday when addressing
a EuroMed seminar on competition policy.
The Seminar, which was attended by representatives
from Israel, the Palestinian Authority, Turkey and Malta as a former
Mediterranean Partner focused on furthering and updating the knowledge
of those responsible of the current competition legislative framework.
The seminar was therefore a new step in the development of the EuroMed
Market Programme, aiming at deepening the knowledge and furthering
the integration at sub-regional level of some of the areas covered
by the Euromed Programme.
Minister Galea said that effective competition
policy is beneficial both to traders and to consumers. “As
Minister for competitiveness I certainly agree that genuine competition
is the most effective way to induce companies to keep costs low,
to be efficient and to innovate and hence to offer customers a good
deal, the best product or service at the best price. The beneficiaries
of effective competition are the traders themselves and the consumers”.
The Minister added that competition law also promotes
certain behavior which enhances economic efficiency. “Competition
law promotes certain behavior on the market which is beneficial
in terms of economic efficiency and which is beneficial for the
consumer. This includes for instance, co-operation agreements between
competitors on research and development. Moreover, I stress that
competition law does not put any constraints on efficient undertakings
which strive to maintain or increase their market share through
legitimate strategies, such as by offering high quality or a better
after-sales service or fair prices.
I believe that Competition law has added legal
certainty in the market place because it defines the parameters
within which firms may lawfully conduct their business.” Minister
Galea said.
Speaking about the work carried out by the Consumer
and Competition division in the past year, Minister Galea said that
twelve decisions were delivered by the Office which included those
concerning restrictive practices cases, negative clearances and
clearance of concentrations. As a matter of fact, this Directorate
was involved in investigations concerning anti-trust cases, concentrations
(better known as mergers or acquisitions) notifications and consumer
law infringement cases.
This office also investigated a considerable number
of cases which involved lengthy analysis both from the legal as
well as the economic aspect. These investigations involved the tourism
sector, maritime sector, supermarkets sector, the telecoms sector,
and the beverage industry amongst others. A cease and desist order
was issued in respect of a number of supermarkets ordering them
to desist from what was considered to be a restrictive practice
by the Office.
Moreover the Office dealt with eight notifications
concerning concentrations. One of these concentrations concerned
a conglomerate merger by acquisition in the business solution market
whilst the other seven were in respect of acquisitions in various
sectors including the construction industry, food and beverages
industry, and investment services. These concentrations were all
cleared by the Office.
Four cases were referred to the Commission for
Fair Trading during the past year. The first case involved an alleged
restrictive practice in the maritime sector, two others involved
an appeal against the Office’s decision in the tourism and
supermarkets sectors. A request for an interim measure in the telecoms
sector was also submitted to the Commission and has been referred
to the Office for its submissions thereon.
As far as complaints related to consumer law infringements,
the Office dealt with 16 cases which concerned mainly misleading
advertising issues two of them were considered inadmissible in view
of lack of jurisdiction.
Speaking about the role of the Mediterranean region
in the world, the Competitiveness and Communications Minister Censu
Galea reminded the delegates that his year is the tenth anniversary
of the establishment EuroMed partnership when foreign Ministers
of the EU and their colleagues of the Euro-Mediterranean partnership
agreed to establish a new Mediterranean area of peace, stability
and prosperity. Furthermore the foreign Ministers of the EuroMed
partnership have last November labeled 2005 as the year of the Mediterranean.
“I therefore believe that given the Mediterranean’s
enormous potential and its importance in international relations
encourages Malta even more to continue implementing the necessary
strategies to enhance its competitiveness and to contribute further
in the stability and prosperity of the Mediterranean.”
“With this in mind, sound competition policy
is essential for this region to do business effectively where we
must ensure that each competitor is competing on a level playing
field in an environment which encourages entrepreneurship while
safeguarding the basic rights of the consumer” added Minister
Galea.
|