Interim Measures Conditions

Interim Measures: Conditions

According to case law 1 previous to Regulation 1/2003, interim measures could only be granted provided the following conditions were fulfilled: – the impugned practices had to be prima facie breaches of the EU competition rules that could be sanctioned by a final decision of the Commission; and, secondly, – it was likely that serious and irreparable damage to the party applying for the adoption of interim measures, or intolerable damage to the public interest 2 would be caused (“proven urgency”) 3 .

More about Interim Measures Conditions

According to Regulation 1/2003, however, the objective of Articles 101 and 102 TFEU is the protection of competition on the market 4 , and interim measures are only to be granted in the public interest, not in the interest of individual undertakings. Potential damage to an individual undertaking is therefore only to be considered where it coincides with damage to competition, in which case the interests of an undertaking may be protected by implication.

More about the Subject

In Camera Care 5 , the ECJ indicated that the Commission can order interim measures where the following conditions are satisfied: – the measure is 'indispensable' for the effectiveness of any future decision bringing the conduct to an end; – the measure must be 'urgent in order to avoid a situation likely to cause serious and irreparable damage to the party seeking their adoption, or which is intolerable for the public interest'; – it must be of a 'temporary and conservatory nature and restricted to what is required in the given situation' 6 ; – it must be adopted through a decision that is subject to judicial review by the EU Court.

Other Considerations

In La Cinq 7 , the General Court recalled the conditions which must be fulfilled in order to grant interim measures. The General Court annulled the decision of the Commission that had rejected the application for interim measures made by La Cinq, and set forth the criteria to be applied when considering an application for interim measures.

Resources

References

Information about Interim Measures Conditions in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes

[Note 1] Cases T-184/01 R IMS Health [2001] ECR II-3193 and 792/79 R Camera Care [1980] ECR 119.
[Note 2] As held in Camera Care, the concept of 'public interest' related to the preservation of the EU competition policy objectives, as well as the interest of Member States and their citizens.
[Note 3] Case T-184/01 R IMS Health [2001] ECR II-3193, paragraph 53.
[Note 4] See Recital 9 of Regulation 1/2003.
[Note 5] Case C-792/79 R Camera Care, [1980] ECR 119.
[Note 6] The measures must be kept within the limits and not exceed what is strictly necessary to remedy a situation. The measures must aim at safeguarding the interests of the applicant or the public interest. The measures must be temporary or interim and can only be valid until a decision is adopted on the substance or until a higher instance annuls them.
[Note 7] Case T-44/90 La Cinq SA v. Commission, [1992] ECR II-1, paragraph 32.

Interim Measures Conditions

Interim Measures Conditions