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The European Commission is investigating whether Broadcom restricted competition in various markets for chipsets for TV set-top boxes and modems. As part of its investigation, the Commission has taken the novel step of imposing “interim measures” for the first time under Regulation 1/2003. The interim measures decision concludes that Broadcom is, prima facie, infringing competition rules by abusing a dominant position and that interim measures are urgently warranted to prevent serious and irreparable damage to competition.
Josh Holmes QC and James Bourke are acting for Broadcom in its annulment action against the Commission’s decision. Broadcom’s case is that the Commission made a series of errors of law and fact in its prima facie assessment of a restriction of competition and in its assessment of urgency.
This will be the first time that the General Court adjudicates on an interim measures decision since the IMS case of 2001.