Interim Measures in the UK: Lessons from the Online Auction Services Case

Abstract

Interim measures have the potential to be an effective and cost-efficient way for businesses with limited budgets to change the behaviour of companies that raise competition concerns. The threshold for interim measures was lowered in the UK, and the UK competition authority (the CMA) has made clear it is open to receiving more applications. The CMA dealt with an application for interim measures in the online auction services case, which ultimately resulted in the company under investigation offering commitments. However, the procedural and evidentiary standards for a successful interim measures case remain high and applicants should not underestimate the burden and cost of embarking on the process. This paper considers these issues, with particular focus on the implications for business of making an application for interim measures or defending one, as a company subject to a complaint.

Keywords: interim measures, CMA, BidonThis, ATG Media, competition law, abuse of dominance, commitments

JEL Classification: K21, L41, L44