{"title":"Unlocking the Power of the European Commission to Order Interim Measures under Regulation 1/2003: An Inquiry into the Nature of the Tool","authors":"Carla Farinhas","doi":"10.54648/cola2022116","DOIUrl":null,"url":null,"abstract":"Is the long-forgotten power of the Commission to order interim measures a satisfactory tool to safeguard the effective enforcement of EU competition law? It is not possible seriously to consider the claim without exploring the essential properties that characterize the power and that must inform its exercise. The decisional practice is scarce, and the related case law consists of a handful of judicial decisions, the latest of which is over 20 years old. What precisely is the role of the Commission’s interim powers within the EU system of competition law enforcement currently in force? The present article attempts to reveal the nature of the tool in the light of multiple elements found relevant for the interpretation and application of Article 8 of Regulation 1/2003. Along the way, misapprehensions with the potential to undermine interim action by the Commission are identified.\nEU law, effective enforcement, interim measures, competition law, Regulation 1/2003, Commission powers","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":" ","pages":""},"PeriodicalIF":1.7000,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Common Market Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.54648/cola2022116","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
引用次数: 0
Abstract
Is the long-forgotten power of the Commission to order interim measures a satisfactory tool to safeguard the effective enforcement of EU competition law? It is not possible seriously to consider the claim without exploring the essential properties that characterize the power and that must inform its exercise. The decisional practice is scarce, and the related case law consists of a handful of judicial decisions, the latest of which is over 20 years old. What precisely is the role of the Commission’s interim powers within the EU system of competition law enforcement currently in force? The present article attempts to reveal the nature of the tool in the light of multiple elements found relevant for the interpretation and application of Article 8 of Regulation 1/2003. Along the way, misapprehensions with the potential to undermine interim action by the Commission are identified.
EU law, effective enforcement, interim measures, competition law, Regulation 1/2003, Commission powers
期刊介绍：
The Common Market Law Review has provided a forum for the keenest legal minds in the fields for more than 40 years. Because of the international composition of its Editorial Board, and in view of the fact that it is able to attract contributions from all over Europe, and from the United States, the Review is able to adopt a unique approach to capitilize Community issues. Each issue contains articles dealing with matters of current interest; the authoritative treatment given to each topic ensures lasting juridical value. This pre-eminent journal brings you detailed, in-depth examination of the most pressing and far-reaching issues on Community Law.
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