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[]
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[null,"Prepared By:","Contributors:"]
[null,"Ganado Advocates","Clement Mifsud-Bonnici"]
[]
[]
[]
["Sustainability and Competition Global Practice Guide"]
[]
["Report Generated: 11/19/2025"]
[]
["View your report results on next tab"]

{"sheet":"Sustainability and Competition ","index":1,"n_rows":11,"n_cols":2,"rows_kept":11,"cut":false,"hidden":false,"merged":[]}
["Question","Malta"]
["Lex Mundi Sustainability and Competition Global Practice Guide"]
["Are ESG measures/sustainability agreements included in your jurisdictional competition regime?","Yes. In so far as such ESG measures and sustainability agreements fall within the scope of \"\nagreements between undertakings, decisions by associations of undertakings and concerted practices” then they are reviewable under \nArticle 5 of the \nMalta Competition Act and, where they may have an effect on trade between the EU Member States,  also under \nArticle 101 of the \nTreaty of the Functioning of the European Union.\n"]
["If ESG measures/sustainability agreements are not included in your jurisdictional competition regime, do you foresee any new regulations coming into place in 2022?","Not applicable.\n"]
["Has your Authority issued any guidance on the role, if any, of ESG in the competition law analysis applied to mergers or other conduct?","The Malta national competition authority (“\nMalta NCA”) has not issued guidance on ESG or sustainability specifically in the context of competition law, unlike some other competition authorities. However, we understand that the \nMalta NCA would be participating in the discussions taking place on the matter within the European Competition Network and closely following, the work of the European Commission and other competition authorities on the matter.\nFurthermore, the \nMalta NCA is required by law to have recourse to \nEuropean Commission Guidelines. Pertinent to this subject is the \nEuropean Commission Guidelines on Vertical Restraints1. The European Commission has also published the draft \nGuidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to Horizontal Cooperation Agreements2 which contain a specific chapter on sustainability agreements. These are currently under review and should be published later this year.\nThe \nMalta NCA may also be guided by other sources where such sources are consistent with EU competition law.\n \n__________\n1 OJ [2022] C 248/1.2 Available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022XC0419%2803%29. Accessed 16 August 2022."]
["Has your jurisdiction issued guidance regarding competitor collaborations or participating in industry working groups, and if so, do they specifically address ESG?","The \nMalta NCA has not published guidelines on coordinated conduct.\n"]
["Can parties seek specific guidance from authorities on proposed ESG initiatives?","There is no formal procedure whereby the parties can seek clearance or exemption of their agreement or specific guidance on their agreement. However, the \nMalta NCA is usually amenable to discussing any concerns or doubts the parties may have and offering informal guidance.\n"]
["How, if at all, does your jurisdiction quantify or calculate the ESG effects?","There is no specific national law or guidance on how claims of ESG effects can be quantified or calculated for the purposes of competition law assessments.\nAs with other types of agreements, the parties will need to show that their agreement is objectively justified or that the benefits resulting from their agreement outweigh any anti-competitive effects on the relevant market. In the case of mergers, the parties can rely on efficiency claims.\n"]
["What does your legal authority currently permit even if your agency is not yet active on this topic?","ESG measures and sustainability agreements that do not restrict competition are permitted. Where such measures and agreements have as their object or effect the distortion of competition, the parties should be able to prove that the four conditions under \nArticle 101(3) TFEU and \nArticle 5(3) of the \nCompetition Act are all satisfied.\n"]
["Are there precedents that involved ESG/sustainability matters in your country? If so please provide a short description.","No, as far as we are aware.\n"]
["Is there specific antitrust regulation in your jurisdiction to be aware of which might give rise to private or class action ESG litigation?","Yes. The \nCollective Proceedings Act permits an opt-in class action in cases where competition law is breached. Further, Malta has transposed the \nEU Damages Directive 2014/104/EU and this has strengthened the private action for a competition law infringement.\n"]