Mantzari, D; (2020) Interim Measures in EU Competition Cases: Origins, Evolution, and Implications for Digital Markets. Journal of European Competition Law and Practice , 11 (9) p. 498. 10.1093/jeclap/lpaa045.

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Abstract

Key Points: 1. Interim measures are among the most powerful and intrusive enforcement tools that are available to competition authorities in the EU because, pending the outcome of investigations, they can be used to ensure that effective competition is maintained and irreparable damage averted. 2. The revival of interim measures in Broadcom may ultimately displace the Commission’s increased reliance on Article 9, Regulation 1/2003 commitment decisions for a supposedly swift resolution of complex cases. 3. Interim measures may be more suitable than commitment decisions in digital markets with network effects, where there is a serious risk that a competition law infringement will have an irreversible impact on competition and the market structure, but their use may be hampered by the significant constraints imposed by EU Courts on the ability of the Commission to adopt interim relief.

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