PRACTICES : INTERIM MEASURES PROCEEDINGS - PLAINTIFFS - DEFENDANTS - EFFICIENTLY

Applying for interim measures in antitrust proceedings

The interim measures proceedings are useful for the plaintiffs, which can find in France an outlet that is closed at the EU level. Often used – too often maybe and not always for good reason - the interim measures proceedings remain however quite difficult to understand both for plaintiffs and defendants. What is a good complaint? How is it possible to defend itself as efficiently as possible? The authors (one professor and two lawyers) will try to answer these questions, on the basis of an in-depth analysis of the French case law. One will discover the subtleties of this proceedings, which are important to understand.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Introduction [1] Emmanuelle Claudel: 1. Dealing with protective measures in competition law, and more specifically in the context of litigation before the Competition Authority (hereinafter "the Authority"), leads to a paradoxical finding. 2. On the one hand, we can see that they are a channel that is very much in demand by litigants. This is undoubtedly a French specificity. We know that the reform introduced into European law by Regulation No 1/2003 has relieved the Commission of the already light burden that this litigation represented for it, by depriving complainants of the possibility of requesting it: the Commission can now only intervene ex

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Emmanuelle Claudel, Emmanuel Durand, Patrick Hubert, Applying for interim measures in antitrust proceedings, May 2012, Concurrences N° 2-2012, Art. N° 45239, www.concurrences.com

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