In this issue we present a range of perspectives—EU, U.S., national—on how interim measures work in antitrust proceedings. Competition authorities have many reasons to explain their reluctance to use interim measures—additional work, a fear that intervention may harm innovation, confusing case law, “a recurring tension between audacity and caution.” But it’s a competition tool that […]

Stephen Kinsella, Mar 19, 2013 In this issue we have a range of articles and perspectives on how interim measures can work in antitrust proceedings. I would like briefly to look at the simple fundamental question of whether the European Commission should be making more use of the powers it has in this field. The […]

Eric Barbier de La Serre, Mar 19, 2013 Before the EU Courts, nearly all applications for interim relief-including those made in major competition law cases-are heard by a single Judge, who is either the President or his delegate. While this rule is also applied in many Member States, the audacity of vesting a single person with […]

Gordon Schnell, Mar 19, 2013 As they appeared before the U.S. Senate Banking Committee last month, financial regulators seemed more than a bit discomfited when asked about the last time they took a big bank to trial. It was a rhetorical question more than anything. And the media played it up as another example of […]

Lia Vitzilaiou, Mar 19, 2013 The provisions on interim measures of Greek competition law have been the object of much debate and legislative change over the last several years. The evolution and modernization of the relevant legal regime have made their application more effective, harmonized them with the relevant provisions of EU law, and allowed […]

David Reichenberg, Mar 19, 2013 Preliminary injunctions in antitrust cases are sought most frequently-almost exclusively in fact-in the merger context. Perhaps this is because, to some degree, the fate of such motions is often outcome determinative. Namely, if the Government’s PI motion is granted, that often results in the abandonment of a deal, and vice […]

Thomas Dillickrath, David Emanuelson, Mar 19, 2013 The right to seek injunctive relief is one of the bulwarks of U.S. law. The right to petition the government to redress grievances is fundamental to the legal system, and is expressly protected by the First Amendment to the U.S. Constitution (Congress shall make no law restricting “the […]

Yves Botteman, Jean-Francois Guillardeau, Mar 19, 2013 The Apple/Samsung mobile device war has been raging for quite some time. In the European Union, Samsung sought injunctive relief before several Member States’ courts to prevent Apple from selling certain versions of its iPhone on the grounds that Apple was violating Samsung’s standard essential patents pertaining to […]