ARTICLES: INTERIM MEASURES - FRENCH COMPETITION AUTHORITY - URGENCY - CONDITIONS - PROCEDURE

Interim mesures: Assessment and new challenges for the French Competition Authority

KEYWORDS

As early as 1986, it appeared necessary to endow the French Competition Authority with the power to remedy situations of urgency and to restore quickly the conditions of competition on the merits. This article presents the pioneering role played by the French Competition Authority in the use of interim measures within the EU. This sustained use and the positive impact it has had in particular in emerging or recently opened markets is the result of a careful balance between a certain procedural plasticity and effective filtering mechanims. To maintain and prolong this success, the challenge we face is to conciliate a sophisticated effects-based analysis with a swift procedure, which is further constrained by the disproportionate means used by certain claimants during the procedure.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Introduction 1. As early as 1986, precautionary measures appeared to be an essential instrument for restoring competitive public order. The Authority's case-law and practice have gradually given full effect to this tool and, in particular from 2004 onwards, have struck a balance between, on the one hand, 'regulatory time', which requires rigorous analysis, independence and impartiality vis-à-vis the parties, and, on the other hand, the speed of the procedure, which is a necessary condition for adapting it to 'economic time'. It is essential that the regulator is able to intervene when undertakings have sufficient market power to foreclose competitors and cause

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