Floriana, February 6, 2026 — The Maltese competition authority has published new penalties guidelines detailing how it will calculate financial sanctions in cases involving infringements of national and EU competition rules, aiming to improve transparency, predictability and deterrence in enforcement.
The guidelines, issued by the Malta Competition and Consumer Affairs Authority (MCCAA), explain the methodology the Office for Competition will follow when proposing penalties to the Civil Court (Commercial Section) under the Competition Act. While not binding on Maltese courts, the document sets out the Office’s legal position and enforcement practice.
According to the Office, the guidelines are intended to ensure that penalties are effective, proportionate and dissuasive, reflecting the nature, gravity and duration of infringements as well as the size and financial position of the undertakings involved. The Office said it has drawn heavily on the European Commission’s 2006 fining guidelines, relevant EU case law and enforcement practices in other European jurisdictions.
Under the methodology, penalties will be calculated using a six-step process. The starting point is a “basic amount” based on the value of the undertaking’s relevant sales in the affected market during the last full financial year of participation in the infringement. This figure is multiplied by a gravity factor ranging from 0% to 30%, depending on the seriousness of the conduct, and then adjusted for the duration of the infringement.
The Office said the most serious infringements — including cartels, horizontal price-fixing, market-sharing agreements, serious abuses of dominance and the implementation of mergers without approval — will generally attract penalties at the higher end of the gravity scale. In such cases, an additional deterrence amount of between 15% and 25% of relevant sales may be added.
Penalties may be increased or reduced based on aggravating or mitigating circumstances. Aggravating factors include playing a leading role in the infringement, coercing other undertakings, repeat offending and obstructing investigations. Mitigating factors may include limited participation, termination of the infringement following intervention by the Office, cooperation beyond legal obligations or conduct encouraged by public authorities.
The Office may also increase penalties to ensure specific deterrence, particularly where an undertaking’s turnover or financial strength means that a lower fine would not be sufficiently dissuasive. At the same time, penalties must remain proportionate and may not exceed 10% of an undertaking’s total worldwide turnover in the preceding business year.
Further reductions may apply under Malta’s leniency and settlement frameworks. Undertakings that settle proceedings may receive a reduction of between 10% and 35%, while leniency applicants may benefit from immunity or reduced penalties in cartel cases. In exceptional circumstances, the Office may also take into account an undertaking’s inability to pay or propose a symbolic penalty.
The Office noted that it retains discretion to depart from the methodology in exceptional cases and may amend or revoke the guidelines in the future.
Source: https://mccaa.org.mt/Section/Content?contentId=13889
