On the 15th of January 2026, the Office for Competition within the Malta Competition and Consumer Affairs Authority (the ‘OfC’) launched a public consultation on a number of proposed amendments to the Control of Concentrations Regulations (the ‘Regulations’). The reform includes substantial amendments to the jurisdiction and the powers of the OfC, as well as a much-needed clarification on the applicability of the established turnover thresholds to full-function joint ventures.
The key changes include:
- Revised notification thresholds of an aggregate turnover in Malta of €4.5 million and an additional requirement that at least two of the undertakings concerned generate at least €800,000 turnover in Malta respectively.
- Additional powers to review non-notifiable mergers which may raise competition concerns, which is highly relevant for killer acquisitions of innovative low‑turnover generating start-ups.
- Enhanced enforcement and remedial powers in the context of requests for information, non-compliance with commitments and implementation of unlawful concentrations as well as unwinding mechanisms and alternatives thereto.
- Revised filing fees depending on the type of notification:
- Simplified notifications – €1,000;
- Phase I notifications – €6,000; and
- Phase I notifications – €20,000 or 0.02% of the combined turnover of the Undertakings concerned (whichever is higher), capped at €35,000.
- Notification of full-function joint ventures will be tied to the turnover thresholds established in the Regulations.
Interested parties may submit their feedback at consultation.gov.mt or konsultazzjoni.gov.mt until 30th January 2026.
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