Clement Mifsud-Bonnici

Clement Mifsud-Bonnici is a Senior Associate at Ganado Advocates. He assists clients in commercial and contentious matters with a special focus on issues involving competition, State aid, public procurement and regulatory law. His experience spans a range of sectors including energy and resources, infrastructure, waste, health, transport, human resources management, and food and beverage.

Clement represents clients before the Office for Competition in anti-trust investigations, advocacy requests and merger control matters. He also has handled private and public enforcement proceedings before the Superior Courts in Malta, both at first instance and at appeal.

He also advises public and private sector entities on issues involving EU State aid law and the Foreign Subsidies Regulation. He regularly deals with Malta’s State aid Monitoring Board on such issues.

Clement regularly assists both private bidders and contracting authorities with all stages of a public procurement process: from the drafting of procurement documentation, pre-tendering, joint bidding agreements with any challenges by aggrieved bidders before the Public Contracts Review Board and the Court of Appeal. He has also appeared before the General Courts of the European Union.

He has specific experience dealing with concessions, private-public partnerships and innovation procurement. As well as dealing with disputes involving Government contracts, including, mediation, arbitration and court litigation and the annulment of Government contracts which were unlawfully awarded directly.

In 2021, Clement worked together with the Malta Chamber to propose reforms to Malta’s public procurement laws and policies. His private contentious work has regularly changed Government’s practices in public procurement.

Clement leads high-stakes, complex disputes involving Government contracts, competition law, vertical agreements (distribution, franchise and agency), European Union law issues and shareholder litigation.

He regularly appears before the First Hall Civil Court (including the Commercial Section) and the Court of Appeal (Superior Jurisdiction). He has also handled international and domestic arbitration under ICC, LCIA and Malta Arbitration Rules.

Clement holds an LL.M. in Competition Law from King’s College London, focusing on EU public procurement law, EU State aid law and EU competition law. His scholarly contributions include publications in the Journal of European Competition Law & Practice, the European Procurement & Public Private Partnership Law Review, and the European Competition and Regulatory Law Review.

Since 2019, he has served as the Malta Contributor for the Oxford Competition Law Case Reports series, and since 2020, he has been the Malta Country Correspondent for the European Procurement & Public Private Partnership Law Review.

Languages: English, Italian, Maltese