The Office for Competition has launched a public consultation on the most significant overhaul of Malta’s merger control framework since 2007. The proposed amendments to the Control of Concentrations Regulations (S.L. 379.08) aim to modernise and simplify Maltese merger control and improve several key aspects of the merger control regime. Here’s what’s on the table:
Higher Notification Thresholds
The aggregate turnover threshold will increase from approximately €2.3 million to €4.5 million, with at least two undertakings each requiring a turnover in Malta of at least €800,000. The new threshold replaces the percentage-based calculation (10% of combined aggregate turnover) with a fixed monetary threshold of €800,000. The primary objective is to ensure that merger regulations focus on transactions that may raise competition concerns in Malta, whilst excluding those unlikely to have significant negative impact on the local market and reducing unnecessary burden on smaller enterprises.
Simplified Notification Procedure
The Director General will in principle apply the simplified procedure to concentrations deemed not to raise serious doubts. While the simplified procedure process is not new, the key benefit here is that parties may submit a Short Concentration Notification Form rather than the full form. Importantly, however, the Director General may require full notification where full notification appears according to the view of the Director General to be necessary for the adequate investigation despite the conditions being met.
Call-In Powers for Below-Threshold Transactions
This is a new power where the Director General may require notification of below-threshold concentrations where the Director General deems that the concentration may have an effect on competition in any markets for goods or services in Malta. The call-in option enables the Office to intervene against below-threshold transactions that have the potential to significantly distort competition. Call-in options help avoid killer acquisitions where an incumbent firm may acquire an innovative target and terminate development to pre-empt future competition. According to the proposal, the Director General cannot call in transactions that have already been completed. Parties must be notified before implementation.
Filing Fees
The proposed amendments introduce a two-tier fee structure: €1,000 for the simplified procedure using the Short Concentration Notification Form, compared to €6,000 for full notification. This structure incentivises careful assessment of simplified procedure eligibility whilst ensuring transactions requiring full review contribute the complete notification fee
Removal of 15-Day Notification Deadline
The proposed amendments remove the current legal obligation to notify within 15 days following conclusion of the agreement, announcement of the public bid, or acquisition of a controlling interest. This provides a practical and flexible approach for undertakings when notifying rather than being bound by a strict deadline. Parties should still notify in good time prior to implementation to ensure regulatory clearance before closing.
Sectoral Regulatory Authority Consultation
Where the proposed concentration relates to a market which is also regulated by a sectoral regulatory authority, the Director General shall seek the views of such authority regarding any potential competition concerns.
Key Takeaway for Businesses
If adopted, these proposed amendments will reshape merger control in Malta. The new turnover thresholds would reduce notification requirements for smaller deals, whilst call-in powers mean below-threshold transactions in concentrated markets could still face scrutiny. Once implemented, the new regime will require careful assessment of notification requirements, prompt responses to information requests, and preparation for enhanced Office powers including interviews.
We welcome the modernisation of Malta’s merger control regime. The proposed amendments represent important improvements, including updated thresholds, streamlined procedures, and alignment with EU best practices.
The public consultation provides an important opportunity for stakeholders to shape Malta’s merger control framework. Businesses and legal practitioners are encouraged to submit feedback. Further details on the consultation, including the consultation document, are available at the following link: https://www.gov.mt/en/publicconsultation/Pages/2026/L-0003-2026.aspx
Our competition and regulatory team is available to advise on the implications of these changes and assist with your consultation submissions.
For more information, please contact Lisa Abela.
