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Stéphane Hautbourg
The topic of interim measures was brought back to the forefront with the Google Shopping case before the European Commission. This topic is being discussed at the European level, in particular with the proposal for the ECN+ Directive and contributions from the European Competition Network. The interim measures procedure must reconcile two objectives that seem difficult to reconcile: the competition authorities must protect the interests of the victims and the market in the event that the proceedings on the merits result in the finding of an infringement, but they must also respect the fundamental rights and legitimate interests of the undertakings concerned in the event that, conversely, no infringement is finally found at the end of the proceedings on the merits.
The issues dealt with during the conference are the evolution of the legal framework and the functioning of the French and European systems of interim measures. While the practice of the French Competition Authority is well developed in this area, as we will see, no interim measures decision has been adopted by the European Commission since the entry into force of Regulation 1/2003.
