Articles

Interim Relief in EU Competition Law: a Matter of Relevance


Abstract


Competition law is the main regulatory tool to ensure that markets deliver maximum welfare to consumers. Competition law can achieve this goal only if infringements are detected and remedied in an effective and timely manner. While businesses move and react at an ever faster speed, competition law enforcement is often stalled in multi-year proceedings and remedies imposed at the end of those proceedings rarely undo the harm caused to competition in the meantime. Under those circumstances, it is surprising that the European Commission as the lead competition authority in Europe does not regularly adopt interim measures. This article reviews the conditions under which interim measures may be imposed in the course of European competition law proceedings. While calling for a cautious approach in order to avoid undermining the market participants’ incentives to compete, it shows that some of the conditions to the imposition of interim measures as they result from the European Courts' case law are excessively restrictive and could be softened.

Keywords


Remedies; Interim relief; Conditions; Effectiveness

Full Text:

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NBN: http://nbn.depositolegale.it/urn%3Anbn%3Ait%3Aagcm-15211

DOI: http://dx.doi.org/10.12870/iar-11379

References






Rivista Italiana Antitrust / Italian Antitrust Review
ISSN: 2284-3272

Iscrizione al Tribunale di Roma n. 300, del 12 dicembre 2013

Last issue published on February 28, 2019