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 topic was again explored in February during the 2023 OECD Competition Open Day, an event open to the public.
This page contains all related documentation.
