This paper discusses the constraints that small jurisdictions face in matters associated with competition law and policy in view of their small domestic market. Special reference will be made to Malta, where competition legislation is modelled on EC law. The thrust of the argument is that certain aspects of competition law may not be desirable to implement or may be more difficult to put in operation in a small state. It is concluded that exceptions, based on considerations such as improved efficiency, distribution, and overall consumer benefit, are likely to be of major relevance to small jurisdictions.
This paper highlights a number of areas which are associated with small jurisdictions and which are likely to have a bearing on competition law and policy. The main argument put forward in the paper is not that competition rules should not be adopted in small jurisdictions or that abuse should be tolerated.