Are interim remedies available in competition law cases?
Interim remedies are available from the English Court (see question 2.2). The CAT too has power to award interim relief in relation to any case before it; it is empowered to grant any remedy by way of interim relief that it could have ordered by way of final remedy. In the past appellants have called upon the CAT to exercise this power in the context of its role as an appellate body dealing with public enforcement decisions by the OFT. The appellant seeks an order to suspend the implementation of the remedy ordered by the OFT, pending appeal. For completeness we note that pursuant to Article 8 of the Modernisation Regulation, interim measures may be ordered by the European Commission, in cases of urgency due to the risk of serious and irreparable damage to competition and on the basis of a prima facie finding of infringement. The Modernisation Regulation also provides for the possibility of the competition authorities of Members States ordering interim measures in relation to breaches
