Interim measures

Abuse of dominance, Interim measures, National competition authorities (NCAs), Patent settlements, Spain

(Universidad CEU San Pablo)/ /Leave a comment

On 21 October 2022 the Spanish CNMC imposed a fine of 38.9 million EUR on MERCK SHARP & DOHME DE ESPAÑA, S.A. and its parent company MSD HUMAN HEALTH HOLDING, B.V. (hereafter jointly ‘MSD’) for abusive practices in the Spanish market of contraceptive rings. Their breach consisted in having made baseless court claims with the…

Abuse of dominance, Interim measures, Switzerland, Telecommunications

, (Lenz & Staehelin)/ /Leave a comment

Interim measures are back on the Swiss Competition Commission’s radar, especially in dominance cases. The background of this latest development is the authority’s desire to accelerate its proceedings and ensure the efficacy of competition law. However, the most recent cases show that interim measures are not always suitable for this purpose – especially in dynamic…

Competition Commission of India, Digital markets, India, Interim measures

, (Nishith Desai Associates)/ /1 Comment

On 9 March 2021, the Competition Commission of India (‘CCI’) granted two hotel franchisees (Treebo and Fab Hotels) (‘Complainants’) interim relief against the hotel aggregator, MakeMyTrip India Pvt. Ltd. and the Ibibo Group Private Limited (‘MMT-GO’) (‘Interim Order’).[1] CCI directed MMT-GO to re-list Treebo and Fab Hotels on its website. Two things make the order…

Competition proceedings, Criminal sanctions, Dawn raids, Denmark, ECN, Interim measures, Investigations, Liability

, , (Kromann Reumert)/ /Leave a comment

The ECN+ Directive requires all EU Member States to confer upon their national competition authorities certain enforcement and sanctioning powers. The Danish implementing act, no. L 116 (link only available in Danish), was passed by the Danish Parliament on 9 February 2021. Although the ECN+ Directive was adopted on 11 December 2018, and therefore well-known…

European Commission, Interim measures

(Sidley Austin LLP)/ /Leave a comment

After nearly two decades, on 16 October 2019 the European Commission (“Commission”) dusted off one of its most powerful enforcement tools, i.e. interim measures, amid its investigation against Broadcom.  The application of interim measures was triggered by the perceived need of preventing the harmful consequences of Broadcom’s prima facie (i.e., at first sight) abusive conduct…