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ARTICLE · 23 SEPTEMBER 2019

Interim Measures For Competition Law Concerns - Recent EU Case And The Irish Perspective

On 26 June 2019, the EU Commission opened a formal investigation to determine whether US chip-making company, Broadcom, is abusing its alleged dominant position in breach of EU ...

European UnionAntitrust/Competition Law

On 26 June 2019, the EU Commission opened a formal investigation to determine whether US chip-making company, Broadcom, is abusing its alleged dominant position in breach of EU competition law and, simultaneously, notified Broadcom of its intention to impose an interim order to cease its allegedly unlawful conduct prior to the conclusion of the investigation. This was the first time in nearly twenty years that the Commission has pursued interim measures.

The granting of interim relief for competition breaches is equally unusual at Irish level.  We are aware of the Irish High court having granted interim relief for anti-competitive behaviour in only one case previously, which was nearly 20 years and an unreported judgment. In  Leanort Ltd, Hytherm (Ireland) Ltd and Hytherm Ltd v Southern Chemicals Ltd, Aircell Ltd (Irish Journal for EU law, 1992, 1(1), 143-151), the court granted an interim injunction restraining the defendants from selling or offering for sale

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