Cap. 379 Art. 2Interpretation.

In this Act unless the context otherwise requires -

"association of undertakings" means a body of persons (whether incorporated or not) which is formed for the purpose of furthering the trade interest of its members or of persons represented by its members;

"Authority" means the Malta Competition and Consumer Affairs Authority established by article 3 of the Malta Competition and Consumer Affairs Authority Act; "the Board" means the Board of Governors as established by article 8 of the Malta Competition and Consumer Affairs Authority Act;

"competition authority" means a national competition authority, the European Commission or both, as the context may require; "Court" means the Civil Court (Commercial Section) established by article 3 of the Civil Courts (Establishment of Sections) Order; "Director General" means the Director General (Competition) as appointed by article 13 of the Malta Competition and Consumer

Affairs Authority Act; "document" includes information recorded in any form;

"dominant position" means a position of economic strength held by one or more undertakings which enables it or them to prevent effective competition being maintained on the relevant market by affording it or them the power to behave, to an appreciable extent, independently of its or their competitors, suppliers or customers;

"European Commission" means the European Commission as established by article 13 of the Treaty on European Union;

"European Competition Network" means the network of public authorities formed by the national competition authorities and the European Commission to provide a forum for discussion and co-operation as regards the application and enforcement of Articles 101 and 102 of the TFEU;

"Member States" means all Member States of the European Union;

"Minister" means the Minister responsible for competition matters; "Office" means the Office for Competition as established by article 13 of the Malta Competition and Consumer Affairs Authority Act;

"product" includes goods and the supply of services; "qualified entity" shall have the same meaning assigned to it under article 2 of the Consumer Affairs Act;

"relevant market" means the market for the product whether within Malta or limited to any particular area or locality within Malta, or outside Malta, and whether or not restricted to a particular period of time or season of the year; "restrictive practice" means an agreement between undertakings, a decision by an association of undertakings or a concerted practice prohibited under article 5 of this Act or Article 101 of the TFEU and, or an abuse by one or more undertakings of a dominant position prohibited under article 9 of this Act or Article 102 of the TFEU;

"settlement submissions" means a voluntary presentation by, or on behalf of, an undertaking and, or an association of undertakings to the Office, describing the undertaking's and, or association of undertakings’ acknowledgement of, or its renunciation to dispute, its participation in an infringement of articles 5 and, or 9 of the Act and, or Articles 101 or 102 of the TFEU and its responsibility for that infringement, which was drawn up specifically to enable the Office to apply a simplified or expedited procedure in terms of article 12B of the Act "TFEU" means the Treaty on the Functioning of the European Union; "total worldwide turnover" means the annual total worldwide turnover of an undertaking and, or association of undertakings concerned; "undertaking" means any person whether an individual, a body corporate or otherwise, or any other entity engaged in an economic activity, regardless of its legal status and the way in which it is financed.