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