LEGAL PRACTICE: PROCEDURES - INTERIM MESURES - ACCESS TO A MARKET - ACCESS TO INFRASTRUCTURES

Interim measures in France: A really enviable model?

The Commissioner for Competition, Margrethe Vestager, considers tougher enforcement with respect to interim measures and eyes the French regime with interest. It is now established that the French Competition Authority enjoys wide powers to adopt decisions ordering interim measures. This study presents an analysis of the decision-making practice of the FCA in the field of interim measures since 2001. Above all, it shows that interim measures almost invariably generate irreversible effects in competition cases, seeing as granting access to a market, clients or infrastructure belonging to the defendant nearly inevitably leads to a loss of turnover. The authors believe that these cases amount to prejudgments and call for a stricter legal test at both French and EU level.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Competition Commissioner Margrethe Vestager is currently considering strengthening the European Commission's action on protective [1]measures. In this context, she declares that she is particularly interested in the French example, considering - rightly or wrongly - that the French Competition Authority ("the Authority") has been very successful in the field of precautionary [2]measures. It is true that the Authority has been very active and has adopted more protective measures than any other competition authority in the European [3]Union. 2. This is certainly linked to the great freedom enjoyed by the French Competition Authority in the area of

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Authors

  • Latham & Watkins (Brussels)
  • University Paris II Panthéon‑Assas

Quotation

Adrien Giraud, Guillaume Blanc, Interim measures in France: A really enviable model?, September 2018, Concurrences N° 3-2018, Art. N° 87235, www.concurrences.com

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