Harnessing Interim Measures to Combat Digital Dominance in the EU

Rapid growth of the digital economy brings significant challenges for competition law enforcement. The increased market power of digital platforms is a major topical concern of the European Commission. Traditional ex-post antitrust interventions have proven insufficient in addressing the consequences of dominance in the realm of the digital economy. Since timely rectification of market failures is of crucial importance, this article presents a perspective of reviving interim measures (IMs) as a solid instrument to ensure apt intervention in digital markets, even in circumstances when the law is unclear. Empowered by the Commission’s use of IMs in the Broadcom case, we argue that IMs are an adequate tool for tackling the unique characteristics of digital platforms such as tipping, economies of scale and scope, and network effects. We emphasize that the primary goal of antitrust enforcement should be to generate value and ensure its equitable distribution among all market participants. By introducing IMs in cases of abuse of dominance of digital platforms, consumer welfare can be enhanced, and a more competitive environment can be fostered. Yet, it is crucial to subject IMs’ substantive barrier to thorough scrutiny to ensure their practical effectiveness in pursuing these objectives.