Cap. 510 Art. 14Responsibilities of the Office.

(1) The responsibilities of the Office for Competition shall be the following:-

(a) to investigate restrictive practices which allegedly distort or restrict competition and to act as an official party in proceedings instituted by the Director General and in such manner he shall enjoy the same rights which pertain to his counter-party in court proceedings, before the Civil

Court under the Competition Act and in case when there is an appeal from judgements of the Civil Court delivered under the Competition Act, before the Court of Appeal;

(b) to examine and control concentrations between undertakings in terms of their effect on the structure of competition on the market;

(c) to act together with the Civil Court, as the national competition authority in Malta as designated by virtue of article 35(1) of Council Regulation (EC) No. 1/ 2003: Provided that for the purposes of this sub-article, the competent competition authority with regard to the application of Articles 101 and 102 of the TFEU, pursuant to Council Regulation (EC) No. 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, OJ L1 of 04/ 01/2003, p.1 (Regulation 1/2003) shall be:

(a) the Civil Court for the adoption of decisions and imposition of penalties and other remedies; and

(b) the Office for Competition for investigating and instituting proceedings before the Civil Court;

(d) to keep under review markets and commercial activities relating to the supply of goods and services and to collect information and evidence for the purpose of ascertaining whether such markets and activities may adversely affect the interests of consumers;

(e) to study markets and recommend action where required;

(f) to encourage undertakings and associations of undertakings to comply with competition law and to promote sound trading practices and to promote public awareness of articles 5 and 9 of the Competition Act and Articles 101 and 102 of the TFEU;

(g) to provide advice to public authorities about the competition implications of proposals for legislation;

(h) to provide advice to public authorities on the competition issues which may arise in the performance of their functions;

(i) to provide advice on the competition constraints imposed either by legislation, policy or administrative practices;

(j) to assist in the drawing up of the Authority’s business plan;

(k) to co-operate closely in the European Competition Network with a view to ensuring the effective and uniform application of Articles 101 and 102 of the TFEU and to participate in meetings organised by international agencies and organisations;

(l) to provide advice to the Board on competition matters;

(m) to submit an annual report on its work to the Board; and

(n) generally to exercise the powers conferred upon it under this Act and under the Competition Act and any regulations made thereunder.

(2) In the exercise of the responsibilities mentioned in sub-article (1)(d) and (e), the Director General (Competition) shall co-operate with the Director General (Consumer Affairs) if the latter is carrying out a review or study in respect of the same market.

(3) Nothing in this Act shall be construed as to give any person, consumer or undertaking a right to require the Director General (Competition) to act on his behalf and in his interest in any particular matter or dispute with any trader, supplier of services or undertaking before any court, tribunal or elsewhere.