Malta NCA proposes merger control reform

On 15 January 2026, the Office for Competition with the Malta Competition and Consumer Affairs Authority (“Malta NCA”) published a request for consultation on its proposed changes (“Consultation”) to the Control of Concentrations Regulations (“Regulations”). The Consultation marks the first substantive update to the Regulations since 2007 with proposed changes including an increase in turnover thresholds and a new “call-in power” for below threshold transactions.

Background

The Regulations provide for Malta’s merger control regime.

The Malta NCA is the competent authority in Malta for screening proposed concentrations under the Regulations.

Under the Regulations, a concentration, whether a merger, acquisition, or the creation of a full-function joint venture, that meets the jurisdictional test must be mandatorily notified to and cleared by the Malta NCA before implementation.

Higher Notification Thresholds

The current turnover thresholds require the notification of concentrations where the undertakings’ combined turnover in Malta exceeds €2.3 million, and each party to the transaction has a turnover in Malta equivalent to at least 10% of that combined figure in Malta.

The Consultation proposes raising these to a combined turnover in Malta of €4.5 million, with at least two undertakings each generating €800,000 in turnover locally.

This amendment will limit notifications to transactions that may give rise to competition concerns on the local market.

The introduction of a “call-in” power

Similarly to the approach taken in other EU jurisdictions, the Consultation proposes the introduction of a “call-in” power which would allow the Malta NCA to require the notification of transactions which do not meet the turnover threshold test.

The Consultation highlights that this change is being proposed to equip the Malta NCA with a mechanism to examine so-called “killer acquisitions” which fall below the thresholds.

A key limitation of this “call-in” power is that it applies only to concentrations that have not yet been implemented, and the Malta NCA cannot review any concentrations that are already in effect.

In addition to this “call-in” power, the Consultation also proposes empowering the Malta NCA with enhanced powers to request information on planned deals allowing it to better scrutinise them.

Revised filing fees

Currently, notifiable concentrations are subject to a filing fee of €163.06.

The Consultation proposes revised filing fees:

€1,000 for simplified filings;
€6,000 for Phase I notifications; and
€20,000 or 0.02% of the aggregated turnover of the parties (whichever is the higher), capped at €35,000 for Phase II notifications.

Procedural Changes

Other proposed updates include:

a clarification that full-function joint ventures are notifiable if the turnover test is satisfied;
the ability of the Malta NCA to consult with regulatory authorities where the concentration relates to a regulated market;
new separate forms for simplified and full notifications;
alignment with EU Merger Regulation 139/2004, including removal of the 15 day notification deadline of notifiable concentrations;
suspension of review time limits for up to 10 working days in August and December/January; and
increased penalties for misleading information or failure to notify.