Cap. 379 ст. 12AContents of the sworn application.

(1) Where, following an investigation, the Director

General considers that an infringement of articles 5 and, or 9 of this

Act and, or an infringement of Articles 101 and, or 102 of the

TFEU may have occurred, he shall file in Court a sworn application:

Provided that for the purposes of this sub-article the

Director General may also consider that an infringement of articles

5 and, or 9 of this Act and, or an infringement of Articles 101 and, or 102 of the TFEU may have occurred at some time in the past: Provided further that for the purposes of the previous proviso, it is immaterial whether the agreement, decision, concerted practice or conduct in question remains in existence: Provided further that where the Director General considers that an agreement or concerted practice infringes article 5(1) of this Act and, or Article 101(1) of the TFEU, the Director General may institute proceedings against a number of undertakings which are less than those undertakings who actually are a party or were a party to that agreement or concerted practice, or are, or were engaged in that conduct.

(2) The sworn application mentioned in sub-article (1) shall:

(a) Set the facts which led the Director General to find a suspected infringement of articles 5 and, or 9 of the Act and, or a suspected infringement of Articles 101 and, or 102 of the TFEU.

(b) Where appropriate, contain a request by the Director General for the Court to issue a judgement finding an infringement of articles 5 and, or 9 of this Act and, or an infringement of Articles 101 and, or 102 of the TFEU against the undertaking and, or association of undertakings concerned. Provided that the Director General may also indicate a specific amount of the penalty either in its sworn application or by a note presented in Court during proceedings:

Provided further that the provisions of article 156 of the Code of Organization and Civil Procedure shall, where applicable, also apply to the sworn application.

(3) In addition to the above, the Director General may also include a report in the Maltese or English language with the findings of the investigation carried out by him:

Provided that where the Director General institutes proceedings relating to a matter in respect of which he has received a complaint, he may provide the complainant with a copy of the non-confidential version of the report.

(4) Without prejudice to the provisions of article 12A(1), the Director General may also file a sworn application requesting the imposition of a penalty on the undertaking, and, or association of undertakings concerned in all the other instances pursuant to the provisions of article 21.

(5) The undertaking and, or association of undertakings against whom the sworn application is served, shall file by no later than twenty days from date of service, a sworn reply and the provisions of article 158 of the Code of Organization and Civil Procedure shall, mutatis mutandis, apply in this case.

(6) During court proceedings, the undertaking and, or association of undertakings concerned in receipt of a sworn application, shall, upon a request to this effect, be entitled to have access to the file of the investigation concerning their case, without prejudice to the non-disclosure of information or documents identified by the Director General deemed to contain business secrets, or other confidential information, or internal documents of the Director General or of the Competition Authorities of other Member States. The Director General shall provide access to the file of the investigation at any time:

Provided that any document forming part of the access to the file may be provided by the Director General to the defendant in different sittings.

(7) In the interpretation of this Act and of any regulations made thereunder and in the exercise of his responsibilities under this relevant provisions of the TFEU and secondary legislation relative to competition and may have recourse to his decisions, and those of the Court and to those of the Competition and Consumer Appeals Tribunal and the Commission for Fair Trading:

Provided that the Director General may have recourse to other sources as long as they are consistent with the competition law judgements of the Court of Justice of the European Union and to decisions and statements of the European Commission.

(8) Notwithstanding any other provision in the Code of Organization and Civil Procedure, the evidence admissible before the Court and in case of an investigation, before the Office, shall include documents, oral statements, electronic messages, recordings and all other objects containing information, irrespective of the form it takes and the medium on which the information is stored.