MT
INVESTIGATIONS IN SUPPORT OF THE EUROPEAN COMMISSION IN THE DIGITAL SECTOR REGULATIONS
Table of Provisions (9)
Statutory Text (9 Articles)
INVESTIGATIONS IN SUPPORT OF THE EUROPEAN
COMMISSION IN THE DIGITAL SECTOR
SUBSIDIARY LEGISLATION 379.12
INVESTIGATIONS IN SUPPORT OF THE EUROPEAN
COMMISSION IN THE DIGITAL SECTOR
REGULATIONS
11th August, 2023
LEGAL NOTICE 200 of 2023.
(1)
The title of these regulations is the Investigations
in Support of the European Commission in the Digital Sector
Regulations.
(2)
The scope of these regulations is to implement the
requirements of Regulation (EU) 2022/1925 of the European
Parliament and of the Council of 14 September 2022 on contestable
and fair markets in the digital sector and amending Directives (EU)
2019/1937 and (EU) 2020/1828 (Digital Markets Act).
(1)
In these regulations, unless the context otherwise
requires
"Act" means the Competition Act;
"Court" shall have the same meaning as assigned to it in
the Act;
"Director General" means
the
Director
General
(Competition) as defined in the Act;
"gatekeeper" shall have the same meaning as assigned to
it in Regulation (EU) 2022/1925;
"Office" shall have the same meaning as assigned to it in
the Act;
"Regulation (EU) 2022/1925" means Regulation (EU)
2022/1925 of the European Parliament and of the Council of 14
September 2022 on contestable and fair markets in the digital
sector and amending Directives (EU) 2019/1937 and (EU)
2020/1828 (Digital Markets Act);
"undertaking" shall have the same meaning as assigned
to it in Regulation (EU) 2022/1925.
(2)
Words and expressions used in these regulations shall
have the same meaning as assigned to them in the Act.
For the purposes of Regulation (EU) 2022/1925, the
Office for Competition as established by article 13 of the Malta
Competition and Consumer Affairs Authority Act shall be the national
INVESTIGATIONS IN SUPPORT OF THE EUROPEAN
COMMISSION IN THE DIGITAL SECTOR
competent authority since according to national law it is the entity
which exercises the investigative powers mentioned in Article 1(6) of
Regulation (EU) 2022/1295.
(1)
The Director General, as the person heading the
national competent authority as referred to in the preceding regulation,
shall have the power to carry out investigations on his own initiative in
the case of alleged non-compliance with Articles 5, 6 or 7 of
Regulation (EU) 2022/1925 on the territory of Malta by an undertaking
designated as a gatekeeper in accordance with Article 3 of the said
Regulation.
(2)
For the purposes of this regulation, the provisions of
article 12 of the Act shall apply, mutatis mutandis.
Before taking a first formal investigative measure in
accordance with these regulations, the Director General shall inform
the European Commission in writing.
The Director General shall report to the European
Commission on the findings of the investigations carried out pursuant
to regulation 4 in order to support the European Commission in its role
as sole enforcer of Regulation (EU) 2022/1925.
The Director General shall have the same powers as
prescribed in the Act to institute judicial proceedings against any
person, undertaking and, or association of undertakings for failure to
comply with the investigative measures of the Office, and the Court
shall have the same powers as prescribed in the Act to impose penalties
for the said non-compliance, and for this purpose, the provisions of
articles 12A(4) and 21(5) to (8) of the Act shall apply, mutatis
mutandis.
The Director General and any person, undertaking and, or
association of undertakings who feel aggrieved by a judgement of the
Court may appeal on points of law and, or of fact before the Court of
Appeal by means of an application filed in the registry of the said court
within twenty (20) days from the date of the judgement
Provided that the Court of Appeal shall appoint the case
for hearing by not later than six (6) months from the date of judgement
of the Court.