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ARTICLE · 27 APRIL 2023

Ensuring Swift Enforcement In Digital Markets

The Government accepts that swift enforcement is critical in fast-moving digital markets. Without it smaller players are pushed out quickly, market concentration rises and innovation and entry are more difficult.

United KingdomAntitrust/Competition Law

The issue – digital markets require swift enforcement1

The Government accepts that swift enforcement is critical in fast-moving digital markets2. Without it smaller players are pushed out quickly, market concentration rises and innovation and entry are more difficult. Markets then don't work well for consumers because prices rise and quality suffers.

The EU, USA, Australian and UK Governments all recognise something must be done. New laws have been passed or are being prepared. All of which contemplate "ex-ante" enforcement. However, how will law enforcement work "more swiftly" than at present?

Current administrative and court systems

Swift interlocutory injunctions can and are typically available in a matter of days from the High Court or other similar Courts elsewhere. There are three basic guidelines used by the courts when assessing whether an interim order will be issued:

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