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The practice of the European Commission to adopt commitment decisions in cases related to fast-developing markets appears to be somewhat ineffective considering the time delay and paucity of precedent. At first glance, interim measures seem to offer a solution for both issues. However, the law and practice of interim measures show that the limitation of protected interests as well as heavy procedural framework deter the European Commission from awarding interim measures in relation to competition cases. Thus, the Commission prefers to resolve urgent threats to competition by accepting commitments offered by the undertakings concerned. Against this backdrop, this article examines the shortcomings of the present regime of commitment decisions and interim measures in the context of fast-developing markets and presents possible solutions.
The full version of this article appears in the 2016 issue 1 of Competition Law Journal.
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