Strengthening Interim Measures in EU Competition Law

Abstract

This research project was conducted between December 2020 and April 2025, with funding provided by the Portuguese Foundation for Science and Technology (DOI 10.54499/2020.08417.BD). It examines the powers available to the European Commission to enforce the competition rules applicable to undertakings in Articles 101 and 102 TFEU, especially in the context of digital markets. More specifically, it focuses on the Commission’s power under Article 8 of Regulation 1/2003 to order interim measures in urgent situations while an investigation is still ongoing. The scope and overall objective of the research project is to answer the following overarching Research Question: To what extent can the Commission’s power to order interim measures under Article 8 of Regulation 1/2003 contribute to enhancing the effective enforcement of Articles 101 and 102 TFEU, especially in the context of digital markets? This central research question is broken down in the following four Sub-Questions, each examined in a separate academic article: (A) What are the key characteristics of the Commission’s power to order interim measures under Article 8 of Regulation 1/2003, and how do these features define its role, guide its exercise, and shape the permissible scope of interim intervention? (B) Can the Commission order interim measures under Article 8 of Regulation 1/2003 in cases involving novel or complex legal or factual issues, as frequently encountered in investigations concerning digital markets, or are such measures reserved for more straightforward situations? (C) What synergies can be identified between Regulation 1/2003 and the DMA regarding the Commission’s powers to order interim measures in digital markets, as established respectively in Articles 8 and 24 of those Regulations? (D) Do the procedural requirements for ordering interim measures under Article 8 of Regulation 1/2003 strike an appropriate balance between the rights of the undertakings being investigated and the urgency that justifies interim intervention? If not, what reforms could better reconcile these competing interests? Provided that certain recommendations and safeguards outlined are implemented, the analysis supports a positive answer to the overarching Research Question: the Commission’s power to order interim measures under Article 8 of Regulation 1/2003 can significantly contribute to enhancing the effective enforcement of Articles 101 and 102 TFEU, particularly in the fast-moving context of digital markets, where urgency is often a hallmark of timely and meaningful competition law intervention.