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 can work to everyone’s benefit. Many thanks to Stephen Kinsella for sponsoring the topic.
And in our Of Current Interest Section we ask a very topical question—which arena should deal with financial culprits?
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Interim Measures – Resolving the Tension Between Audacity and Caution
Hurry Up and Wait
It is precisely in those fast moving markets that some interim intervention may be needed because of the risk that by the time the case is finally resolved there may have been irreparable harm to the market. Stephen Kinsella (Sidley Austin)
Interim Relief Before the EU Courts: Three Great Fundamentals and Two Fundamentals That Need a Rethink
Why the case law on interim relief displays a recurring tension between audacity and caution. Barbier de La Serre (Jones Day)
Injunctive Relief as an Antitrust Violation or as an Enforcement Tool: An EU Antitrust Perspective
These procedural and substantive burdens are actually at the heart of the problem. Yves Botteman & Jean-Franois Guillardeau (Steptoe & Johnson)
Injunctive Relief and the Noerr-Pennington Doctrine: The Search for Clarity on a Muddied Pitch
The courts have attempted to deal with the tension between the antitrust laws and the right to petition government entities through the Noerr-Pennington doctrine. Thomas Dillickrath & David Emanuelson (Baker Botts)
Preliminary Injunctive Relief Non-Merger Cases Beware?
A primary factor driving this outcome is the sacrifice a damage-seeking plaintiff must make in seeking such relief. David Reichenberg (Wilson Sonsini)
Interim Measures in Greek Competition Law
Interim measures in Greek competition law have been the object of much debate and legislative change over the last decades. Lia Vitzilaiou (Lambadarios Law Firm)
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Of Current Interest – Financial Crime
Deterring Financial Crime Reconciling and Improving Upon the Diverging Approaches of U.S. Antitrust and Financial Regulation
It is about how differently the U.S. treats financial crime depending on whether it falls within the arena of antitrust or financial regulation. Gordon Schnell (Constantine Cannon)
