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FOREWORD: PROCEDURES - INTERIM MEASURES - PREJUDICE - PRIMA FACIE TEST

For effective and fair precautionary measures

Efficient and equitable interim relief procedures are in the interest of the authorities as well as of their stakeholders. Their efficiency depends in the first place on the balancing of the prima facie test in order to protect both the victims of infringements in case an infringement is established in the main case, and the legitimate interest of the defendants in case no infringement is established.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Interim measures procedures are an instrument used more often by national competition authorities than by the European Commission - the Belgian and French authorities, for example, take on average two interim measures decisions per year. The Commission has not made use of its competence to grant interim measures under Article 8 of Regulation 1/2003, although there have been informal discussions on measures to be taken in the context of an ongoing investigation (R. Whish and D. Bailey, Competition Law, Oxford, Oxford University Press, 8th ed. 2012, p. 268). But Commissioner Vestager indicated that it may be time to rediscover it. And the draft ECN+

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Author

  • Belgian Competition Authority (Brussels)

Quotation

Jacques Steenbergen, For effective and fair precautionary measures, November 2017, Concurrences N° 4-2017, Art. N° 84874, pp. 1-3

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