S.L. 379.8 Art. 16Hearing of the parties and of third parties.

(1)(a) Before taking any decision provided for in regulation

6(3), regulation 7(3), the proviso to regulation 8(2) and regulation 8(3) to (5), the Director General shall give the persons, undertakings and associations of undertakings concerned the opportunity, at every stage of the procedure, of making known their views on the objections against them.

(b) Where the Director General intends to take a decision pursuant to regulation 6(3), the proviso to regulation 8(2) and regulation 8(3) to (5), he shall notify the persons, undertakings or associations of undertakings concerned in writing of the objections raised against them in accordance with the provisions of article 64 of the Malta Competition and Consumer Affairs Authority Act, and shall set a time-limit within which they may inform him in writing of their submissions, and the persons, undertakings or associations of undertakings concerned may, within the time-limit set, in their written submissions set out all facts known to them which are relevant to their defence against the objections raised by the Director General and shall attach any relevant documents as evidence thereof. They may also propose that the Director General hears persons who may corroborate those facts.

(c) Where the Director General intends to take a decision pursuant to regulation 6(3), the proviso to regulation 8(2) and regulation 8(3) to (5), the Director General shall give the persons, undertakings or associations of undertakings concerned the opportunity to develop their arguments verbally, if they so request in their written submissions.

(2) (a) By way of derogation from subregulation (1), a decision to grant a derogation from suspension as referred to in regulation 7(3) may be taken provisionally, without the persons, undertakings or associations of undertakings concerned being given the opportunity to make known their views beforehand, provided that the Director General gives them that opportunity as soon as possible after having taken his decision.

(b) The Director General shall without delay send the persons, undertakings or associations of undertakings concerned the text of the provisional decision and shall set a time-limit within which they may make known their views in writing.

(c) Once the persons, undertakings or associations of undertakings concerned have made known their views, the Director General shall take a final decision annulling, amending or confirming the provisional decision. Where they have not made known their views in writing within the time limit set, the provisional decision of the Director General shall become final with the expiry of that period.

(3) The Director General shall base his decision only on objections on which the parties have been able to submit their observations with the rights of the defence being fully respected in the proceedings.

(4) (a) Access to the file shall be open to the parties directly involved, upon their written request, subject to the legitimate interest of undertakings in the protection of their business secrets.

(b) The right of access to the file shall not extend to confidential information, or to internal documents of the Director General, the European Commission or of the competition authorities of other Member States. The right of access to the file shall equally not extend to correspondence between or amongst the Director General, the European Commission and the competition authorities of other Member States.

(c) Documents obtained through access to the file pursuant to this sub-regulation may only be used for the purposes of the relevant proceeding pursuant to these regulations.

(5) (a) In so far as the Director General may deem it necessary, he may also hear other persons or undertakings showing a sufficient interest and in particular members of the administrative or managerial bodies of the undertaking concerned and the recognized representatives of their employees shall on request be entitled to be heard.

(b) Where third parties apply in writing to be heard pursuant to paragraph (a), the Director General shall inform them in writing of the nature and subject matter of the procedure and shall set a time limit within which they may make known their views and the said third parties shall make known their views in writing within the time limit set.

(c) The Director General may give third parties the opportunity to develop their arguments verbally, if they so request in their written submissions.

(6) The Director General may, where appropriate, invite any other person to express his views in writing within the time-limit set by the Director General, and may give any such other person the opportunity to submit his views verbally if he so requests in his written submissions.

(7) Without prejudice to the right of the persons, undertakings or associations of undertakings concerned, third parties and other persons to request a separate and individual meeting under this regulation, the Director General may also, on his own initiative, and as he considers appropriate, invite some or all of the said persons, undertakings or associations of undertakings concerned, third parties and other persons who have submitted written observations in terms of this regulation to a meeting whereby they may develop their arguments and make counter-submissions in each other’s presence and reply to questions posed by the Director General:

Provided that during such meeting, the Director General shall ensure that due regard is given to the protection of business secrets and other confidential information.