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Part III Outcomes of an Investigation, 9 Interim Measures

This chapter describes the imposition of interim measures and the procedure for imposing interim measures. In EU antitrust proceedings, interim measures aim to ensure the effectiveness of competition law enforcement. They do so by ensuring that while the investigation is being carried out, no serious and irreparable damage is caused that could not be remedied at the conclusion of the European Commission procedure. Article 8 of Regulation 1/2003 now expressly provides that in cases of urgency, due to the risk of serious and irreparable damage to competition, the Commission, acting on its own initiative, may by decision—on the basis of a prima facie finding of infringement—order interim measures. An important novelty brought about with this provision is that it makes the safeguarding of the public interest, rather than of individual rights, the focal point of interim measures. The chapter then explains the requirements for imposing interim measures, the type of measures that can be imposed, and the procedure for the adoption of interim measures.