On 20 September 2016, the Malta national competition authority, that is, the Office for Competition within the Malta Competition and Consumer Affairs Authority launched a consultation process on the transposition into Maltese law of the EU Antitrust Damages Directive which provides for a full right of compensation covering actual loss, loss of profits and interest.

The proposed subsidiary legislation transposes new provisions for:

  • a rebuttable presumption that the infringement of competition law happened if there is a finding by a national competition authority of another EU Member State to that effect;
  • increase of limitation period for actions for damages arising from a breach of the competition rules to 5 years (from 2 years);
  • detailed rules on disclosure of documents;
  • joint and several liability with preferential rules for SMEs and undertakings benefitting from immunity under a leniency programme;
  • a rebuttable presumption that indirect purchasers suffered overcharge harm, subject to the indirect purchaser proving a number of pre-conditions;
  • a rebuttable presumption that cartels cause harm;
  • the suspensive effects of consensual settlements; and
  • the limited responsibility of a settling co-infringer following a consensual settlement.

The Malta NCA is accepting feedback and comments until 18 October 2016.