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Competition

Interim Measures in Antitrust Investigations

 

 21 June 2022  Paris

Interim measures are protective and corrective tools that may be adopted while investigating possible antitrust infringements. Despite having been in the toolbox of many competition authorities for decades, the debate concerning the effectiveness and efficiency of antitrust enforcement in fast-moving markets turned the spotlight on interim measures and it triggered reform proposals in several jurisdictions.

In June 2022, the OECD held a roundtable that explored several aspects related to the application of interim measures, including:

  • What are the key principles, legal standards and main policy considerations that should be observed when imposing interim measures?
  • What kind of cases are best suited for interim measures? Are interim measures more appropriate for well-established or novel theories of harm? In which markets can interim measures be most effective?
  • What is the interplay between interim measures and other enforcement tools such as commitments and remedies as well as ex ante regulation?
  • Do interim measures raise due process issues? What are the key safeguards in place to ensure the rights of defence?

The discussion showed that:

  • a balanced use of interim measures can prevent irreparable harm during investigations, and 
  • there is an increasing focus on interim measures in fast-changing markets across several countries.

All related documentation are available on this page. 

See the full list of best practice roundtables on competition.

VIDEO: Effective antitrust investigation explained in 8 minutes

Invited Speakers

Juliette Caminade Bio  
Vice-President, Analysis Group

Ian Forrester, QC Bio  
Former Judge, General Court of the European Union

Lars Kjolbye Bio 
Partner, Latham & Watkins LLP

Marcela Mattiuzzo Bio  
Partner, VMCA

Rod Sims Bio 
Former Chairman, ACCC

 

Documents

interim-measures-in-antitrust-investigations cover

O‌ECD Background note

Note by Juliette Caminade

 

Contributions from delegations

Argentina

Belgium

BIAC

Brazil

Colombia

Costa Rica

Croatia

EU

France (EN|FR)

Israel

Japan

Latvia

Peru

Portugal

Slovak Republic

South Africa

Sweden

Switzerland

United States

Ukraine

Summaries of contributions

Videos

Juliette Caminade on Interim Measures in Digital Markets

Marcela Mattiuzzo on Interim Measures in Antitrust Cases in Brazil

 

Related best practice roundtables and links

Abuse of dominance in digital markets (2020)

The role of competition policy in promoting economic recovery (2020)

Procedural Fairness: Competition Authorities, Courts and Recent Developments (2011)

Procedural Fairness: Transparency Issues in Civil and Administrative Enforcement Proceedings (2010) 

OECD best practice roundtables on competition

More OECD work on Competition

Presentations

Juliette Caminade

Marcella Mattiuzzo

OECD Secretariat

 

Related Documents