Cap. 378 Art. 12Investigations.

(1) Saving the provisions of article 17(1)(f) of the Malta

Competition and Consumer Affairs Authority Act, to ensure the observance of the provisions of this Act and any regulations made thereunder, the Director General shall have the power to carry out investigations of his own motion or upon a reasonable allegation in writing made by any person of an infringement of the provisions of this Act and any regulations made thereunder.

(2) Upon commencing investigations concerning an alleged infringement of this Act or of any regulations made thereunder, the Director General shall notify in writing the person concerned that an investigation has commenced, informing the person concerned of the nature of the alleged infringement.

(3) The person concerned shall present his submissions to the Director General within twenty days from the notification of the commencement of investigations.

(4) During the investigations, the Director General, to discharge his functions under this Part, may also adopt the power of entry of inspection and the power to request and obtain information according to articles 103 and 104, and the provisions of article 105 shall also apply accordingly.

(5) Without prejudice to articles 12A and 13, where, upon the conclusion of an investigation, it appears prima facie to the Director General that an infringement of a provision of this Act or of any regulations made thereunder has occurred, the Director General shall institute judicial proceedings against the person concerned before the Civil Court by means of a sworn application.