Prima facie case

Interim Measures: Prima facie case

The practices focused on by the action for interim measures must prima facie be likely to constitute an infringement of competition rules.

More about Prima facie case

According to the General Court in La Cinq 1 , and contrary to the Commission's assumption in its decision in that case that the infringement in question had to be “clear and flagrant”, the General Court only required the probability of a prima facie infringement.

Resources

See Also

References

• Information about Prima facie case in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes

[Note 1] T-44/90 La Cinq SA, [1992] ECR II-1, paragraphs 60 ff. The Court stated that, “the requirement of a finding of a prima facie infringement cannot be placed on the same footing as the requirement of certainty that a final decision must satisfy” (paragraph 61).

Further Reading

• Information about Prima facie case in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)