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On 15 January 2026, the Office for Competition within the Malta Competition and Consumer Affairs Authority published a consultation document, together with proposed amendments, recommending changes to the Control of Concentrations Regulations. The changes, if implemented, would considerably change the merger control process in Malta.
The main proposals are outlined below:
Change in the thresholds: At present, concentrations are notifiable if the aggregate turnover of the parties in Malta exceeds EUR 2.3 million and each of the parties have a turnover in Malta of at least 10% of the aggregate turnover. The proposal envisages the increase of the trigger turnover from EUR 2.3 million to EUR 4.5 million, and would then require that each of the parties has a turnover in Malta of at least EUR 800,000. However, the Office for Competition is proposing a "call in" mechanism, whereby the Office for Competition may request parties to notify a proposed transaction if it considers that competition in Malta may be affected, even if these thresholds are not met.
Change in the notification fees: The present fee payable upon notification is EUR 163.06. This is set to increase drastically, to EUR 1000 in case of simplified notifications; EUR 6,000 for "regular" Phase I notifications; and an additional fee, based on turnover, for Phase II notifications, up to a maximum of EUR 35,000.
Suspension of time limits : The Office for Competition is proposing to be given the power to suspend the investigative phase by 10 working days in August and December/January.
Removal of time limit to notify: At present, parties have to file a notification form within 15 working days from the signature of a binding agreement. The proposal suggests removing this time limit, although naturally parties cannot implement the transaction before approval of the Office for Competition is obtained.
Feedback can be sent in by 30 January 2026 on the Government Portal: consultation.gov.mt or konsultazzjoni.gov.mt.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
