Office for Fair Trading (Malta)
Encyclopedia
Office for Fair Trading (Malta) brings together the official and independent authorities responsible for the enforcement of the national and European Union
legislation on trade competition as well as on consumer protection
in Malta
. As such, its scope is wider than the nearly homonymous official bodies like the Office of Fair Trading
of the United Kingdom
and of the states of Australia
, which are almost exclusively focused on competition matters, a task undertaken more specifically in Malta by units within the frame of the Office through the Consumer and Competition Division; the Office for Fair Competition and the Commission for Fair Trading. Its director, the Director for Fair Competition, has wide investigatory powers facilitating the collection of evidence. The premises of the Maltese Office for Fair Trading are based in Santa Venera
.
The Office's Consumer and Competition Division is one of the entities that emerged from the remit of the former Ministry for Competitiveness and Communications following an operations review carried out in 2000 .
competition law
and there are no specialised Courts that deal with actions for damages consequent to a breach. However, a party who suffers damages consequent to a breach of EC and/or national competition law may rely on the general provisions of the Maltese Civil Code dealing with the concept of damages and therefore the ordinary courts are competent. The Commission for Fair Trading may become involved in the proceedings and the question whether there has been an abuse of a dominant position by an undertaking or whether an agreement is null and unenforceable must be referred to the Commission for Fair Trading .
consumer redress scheme is operated by the Malta Financial Services Authority, dealing specifically with financial services through the Consumer Complaints Manager.
There are also two in-court simplified mechanisms, which can be used by consumers in solving business-to-consumer disputes, but only one of these has been specifically designed for the purpose. These are the Small Claims Tribunal and the Consumer Claims Tribunal, the latter being the one specifically designed for resolving consumer disputes .
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
legislation on trade competition as well as on consumer protection
Consumer protection
Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
in Malta
Malta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
. As such, its scope is wider than the nearly homonymous official bodies like the Office of Fair Trading
Office of Fair Trading
The Office of Fair Trading is a not-for-profit and non-ministerial government department of the United Kingdom, established by the Fair Trading Act 1973, which enforces both consumer protection and competition law, acting as the UK's economic regulator...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and of the states of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, which are almost exclusively focused on competition matters, a task undertaken more specifically in Malta by units within the frame of the Office through the Consumer and Competition Division; the Office for Fair Competition and the Commission for Fair Trading. Its director, the Director for Fair Competition, has wide investigatory powers facilitating the collection of evidence. The premises of the Maltese Office for Fair Trading are based in Santa Venera
Santa Venera
Santa Venera is a town in Malta, with a population of around 6,800 . This settlement is found in the Outer Harbour Region of Malta. The oldest buildings in Santa Venera are Wignacourt Aqueduct and Casa Leoni, both of which were built by the Knights of St. John.A new church has been built recently...
.
The Office's Consumer and Competition Division is one of the entities that emerged from the remit of the former Ministry for Competitiveness and Communications following an operations review carried out in 2000 .
Competition law enforcement
Maltese law has no express provisions dealing specifically with actions for damages for breaches ofcompetition law
Competition law
Competition law, known in the United States as antitrust law, is law that promotes or maintains market competition by regulating anti-competitive conduct by companies....
and there are no specialised Courts that deal with actions for damages consequent to a breach. However, a party who suffers damages consequent to a breach of EC and/or national competition law may rely on the general provisions of the Maltese Civil Code dealing with the concept of damages and therefore the ordinary courts are competent. The Commission for Fair Trading may become involved in the proceedings and the question whether there has been an abuse of a dominant position by an undertaking or whether an agreement is null and unenforceable must be referred to the Commission for Fair Trading .
Consumer law enforcement
The most widely used means of consumer redress in Malta is the out-of-court procedure through the Department of Consumer Affairs within the Consumer and Competition Division. The scheme serves both as an information relay on particular consumer matters and in issues concerning the purchase of goods or services, it also acts as an out-of-court redress procedure. Another out-of-courtconsumer redress scheme is operated by the Malta Financial Services Authority, dealing specifically with financial services through the Consumer Complaints Manager.
There are also two in-court simplified mechanisms, which can be used by consumers in solving business-to-consumer disputes, but only one of these has been specifically designed for the purpose. These are the Small Claims Tribunal and the Consumer Claims Tribunal, the latter being the one specifically designed for resolving consumer disputes .