The EU Commission finds on a prima facie basis, that an undertaking abused its dominant position and orders to cease its prima facie abusive conduct in order to avert the risk of damage to competition (Broadcom)

INTERIM MEASURES IMPOSED ON BROADCOM: THE RE-AWAKENING OF A ONCE-DORMANT TOOL?* The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its prima facie abusive conduct with almost immediate effect. This is the first time in 18 years that the EC has made use of such measure and could signal the re-awakening of a once-dormant tool. IN DEPTH Interim Measures Under EU Competition Law The imposition of interim measures by the EC is a relatively rare occurrence. Since the Court of Justice of the European Union’s judgment in Camera Care (Case 792/79 (1980)), which held that the EC has a right to impose interim measures, the EC

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Authors

  • McDermott Will & Emery (Paris)
  • McDermott Will & Emery (Brussels)

Quotation

Jacques Buhart, David Henry, The EU Commission finds on a prima facie basis, that an undertaking abused its dominant position and orders to cease its prima facie abusive conduct in order to avert the risk of damage to competition (Broadcom), 16 October 2019, e-Competitions Bulletin November 2019 - II, Art. N° 92307

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