News & Resources

  • CJEU clarifies level of active cooperation required by a former cartelist in proving its reliability for a procurement process

    In its first ruling on the “self-cleaning” process established under the Public Procurement Directive 2014/24 (the Directive) to allow a bidder, previously involved in a cartel, to take part in procurement proceedings, the Court of Justice of the European Union (CJEU) considered that a member state may require a bidder to provide a contracting authority with a copy of the competition authority's decision, to the extent that it is strictly necessary for the purpose of assessing its reliability.

    News . Steven Decesare; Lisa Abela; Katya Gatt . Thursday, December 6, 2018
  • Insurance and Pensions update

    ‘Securing the Future’ was chosen as the theme of the EIOPA 8th annual conference held on the 20th October 2018.

    News . Diane Bugeja . Thursday, November 22, 2018
  • Taste of Food Not Eligible for Copyright Protection

    In a decision handed down on 13 November 2018, the Court of Justice of the European Union (the “CJEU”) ruled that the taste of food is not eligible for copyright protection under the copyright directive (Directive 2001/29/EC, the “Directive”).

    News . Sharon Xuereb; Alexia Valenzia; Kristina Azzopardi . Monday, November 19, 2018
  • Employees have a right to be paid for their unutilised leave upon termination, even if they don't request to use it

    The Court of Justice of the European Union (CJEU) recently delivered its preliminary rulings on two referrals by German courts asking whether EU law precludes national legislation under which a worker loses his entitlement to payment of an allowance in lieu of paid leave not taken if the worker did not ask to take the leave in question before the employment relationship was terminated.

    News . Ron Galea Cavallazzi; Edward Mizzi; Katya Gatt . Thursday, November 15, 2018
  • The applicability of choice of forum clauses in damage claims for breach of competition law

    The Court of Justice of the European Union (the “CJEU”) recently delivered a preliminary ruling distinguishing between Article 101 and Article 102 of the Treaty of the Functioning of the European Union (the “TFEU”) as regards the applicability of choice of forum clauses to competition damages claims.

    News . Ron Galea Cavallazzi; Lisa Abela; Katya Gatt . Monday, November 12, 2018
  • Post-Coty NCA Decision on Selective Distribution Systems and Online Sales

    This October, the French Autorité de la Concurrence (“Autorité”) issued its first post-Coty decision [18-D-23 dated 24 October 2018] subjecting Stihl, a leading manufacturer of outdoor power tools, to a fine of 7 million Euros for restricting sales by its authorised distributors over the internet.

    News . Ron Galea Cavallazzi; Lisa Abela; Amy Busuttil . Tuesday, November 6, 2018
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Camilleri Preziosi

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Valletta, VLT 1103

Malta

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