The European Commission (EC) has found, on a prima
facie basis, that Broadcom abused its dominant position. In
order to avert the risk of serious and irreparable damage to
competition, Broadcom has been ordered to cease its prima
facie abusive conduct with almost immediate effect. This is
the first time in 18 years that the EC has made use of such measure
and could signal the re-awakening of a once-dormant tool.
In Depth
Interim Measures Under EU Competition Law
The imposition of interim measures by the EC is a relatively
rare occurrence. Since the Court of Justice of the European
Union's judgment in Camera Care (Case 792/79 (1980)),
which held that the EC has a right to impose interim measures, the
EC has imposed them on only nine occasions, with the majority being
in abuse of dominance cases.
