Cap. 510 ст. 70Transitory provisions in relation to the Competition Act and the Consumer Affairs Act.

(1) The provisions of the Competition Act and of the

Consumer Affairs Act, existing prior to the 23rd May 2011, shall continue to apply, as the case may be, to all:

(a) investigations pending before the Director of the

Office for Fair Competition and the Director of Consumer Affairs, as substituted by the Director

General (Competition) and the Director General

(Consumer Affairs);

(b) proceedings pending before the Commission for Fair Trading and the Consumer Affairs Appeals Board, as substituted by the Competition and Consumer Appeals Tribunal and further substituted by the Civil Court; the Consumer Claims Tribunal and the courts; and

(c) decisions and judgments which are not yet res judicata.

(2) The provisions of the Competition Act and of the

Consumer Affairs Act, existing after the 23rd May 2011, but prior to the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019 shall also continue to apply, as the case may be, to all:

(a) proceedings which started after the date mentioned in sub-article (2), and which are still pending at the time of the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019, including appeals from decisions of the Competition and Consumer Appeals Tribunal pending before the Court of Appeal before the Competition and Consumer Appeals Tribunal substituted by the Civil Court; the Consumer Claims Tribunal and the courts; and

(b) decisions and judgments which have been delivered after the 23rd May 2011 and which were not yet res at the time of the coming into force of the judicata Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019: Provided that the provisions of the Competition

Act and of the Consumer Affairs Act existing after the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019, shall apply to investigations which commenced after the 23rd May 2011 and which are still pending before the Director General (Competition) and before the Director General (Consumer Affairs):

Provided further that the provisions of the Consumer Affairs Act existing after the entry into force of the Consumer Affairs Act and other Laws (Amendment) Act, 2021, shall apply to investigations commenced by the Director General (Consumer Affairs) after such entry into force, and to judicial proceedings filed by the Director General (Consumer Affairs) according to article 12(5) of the Consumer Affairs Act at the conclusion of these investigations:

Provided further that with regard to appeals from any decision of the Competition and Consumer Appeals Tribunal, the Commission for Fair Trading or the Consumer Affairs Appeals Board which are still pending before the Court of Appeal after the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019, the appellant shall have twenty days from the above-mentioned date, or twenty days from the first hearing of such appeals, whichever is later, to file any further grounds of appeal on points of fact.

(3) For the purposes of sub-article (1):

(a) the Director General (Competition) shall be vested with the powers of the Director of the Office for Fair Competition as provided for in the Competition Act;

and

(b) the Director General (Consumer Affairs) shall be vested with the powers of the Director of Consumer Affairs as provided for in the Consumer Affairs Act, prior to the 23rd May 2011.

(4) For the purposes of sub-article (1)(b), the Civil Court shall be vested with the powers of:

(a) the Commission for Fair Trading as provided for in the Competition Act; and

(b) the Consumer Affairs Appeals Board as provided for in the Consumer Affairs Act, prior to the 23rd May 2011.

(5) For the purposes of sub-article (2):

(a) the Director General (Consumer Affairs) shall be vested with the powers of the Director General (Consumer Affairs) as provided for in the provisions of the

Consumer Affairs Act; and

(b) the Director General (Competition) shall be vested with the powers of the Director General (Competition) as provided for in the provisions of the Competition Act, existing after the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019:

Provided that the provisions of the Consumer Affairs Act existing after the entry into force of the Consumer Affairs Act and other Laws (Amendment) Act, 2021 shall apply to investigations commenced by the Director General (Consumer Affairs) after such entry into force, and to judicial proceedings filed by the Director General (Consumer Affairs) according to article 12(5) of the Consumer Affairs Act at the conclusion of these investigations.

(6) For the purposes of sub-article (2)(a) the Civil Court shall be vested with the powers of the Competition and Consumer Appeals Tribunal as provided for in the provisions of the Competition Act, in the Consumer Affairs Act, and in the Malta Competition and

Consumer Affairs Authority Act, existing prior to the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019.

(7) The provisions of article 12A of the Consumer Affairs Act, existing prior to the entry into force of the Consumer Affairs Act and other Laws (Amendment) Act, 2021, shall continue to apply to any undertaking obtained prior to the said entry into force of the Consumer Affairs Act and other Laws (Amendment) Act, 2021. "(8) The provisions of the Competition Act as amended by virtue of the Competition Act and the Malta Competition and Consumer

Affairs Authority (Amendment) Act, 2021 shall not apply to investigations instituted by the Director General (Competition) and to any judicial proceedings filed by the Director General (Competition) in accordance with the Competition Act before the entry into force of the Competition Act and the Malta Competition and Consumer Affairs Authority (Amendment) Act, 2021.