Commission seeks interim measures in Broadcom antitrust probe
The European Commission has opened an investigation into whether Broadcom is abusing its dominant position in the market for TV and modem chipsets by requiring its customers to enter into exclusive obligations.
This is the first time the Commission has announced its intention to impose interim measures on the opening of an investigation.
The case also marks the first seeking of interim measures for almost two decades.
The last case where the Commission imposed interim measures was back in 2001 when it required IMS Health to license its industry standard to competitors, but the order was withdrawn in the wake of three Court judgments. That experience seems to have blunted the Commission’s appetite to seek interim measures. It is understandable that it would choose its candidate cases carefully given the strict legal requirement to show that the conduct will cause serious irreparable harm.
The action is consistent with the trend of regulators internationally to favour interim measures in fast-moving digital markets, taking account of the risks that their ability to secure effective remedies may be hampered unless early corrective action is taken.
The European Commission has opened an investigation into whether Broadcom is abusing its dominant position in the market for TV and modem chipsets by requiring its customers to enter into exclusive obligations.
This is the first time the Commission has announced its intention to impose interim measures on the opening of an investigation.
The case also marks the first seeking of interim measures for almost two decades.
The last case where the Commission imposed interim measures was back in 2001 when it required IMS Health to license its industry standard to competitors, but the order was withdrawn in the wake of three Court judgments. That experience seems to have blunted the Commission’s appetite to seek interim measures. It is understandable that it would choose its candidate cases carefully given the strict legal requirement to show that the conduct will cause serious irreparable harm.
The action is consistent with the trend of regulators internationally to favour interim measures in fast-moving digital markets, taking account of the risks that their ability to secure effective remedies may be hampered unless early corrective action is taken.
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