Interim measures in the UK: Lessons From the Online Auction Platform Case

Simon Chisholm, Vice President, Charles River Associates, United Kingdom

Interim measures have the potential to be an effective and cost-efficient way for businesses with limited budgets to change the behaviour of companies that raise competition concerns. The threshold for interim measures was lowered in the UK, and the UK competition authority (the CMA) has made clear it is open to receiving more applications. The CMA dealt with an application for interim measures in the online auction platform case, which ultimately resulted in the company under investigation offering commitments. However, the procedural and evidentiary standards for a successful interim measures case remain high and applicants should not underestimate the burden and cost of embarking on the process. This paper considers these issues, with particular focus on the implications for business of making an application for interim measures or defending one, as a company subject to a complaint.

Simon Chisholm is Vice President in CRA’s Competition Practice. He provides economic advice on both UK, EU and global mergers, vertical restraints, assessments of alleged abusive conduct, and regulatory submissions. Prior to joining CRA, Simon spent over five years at the Competition and Markets Authority and Office of Fair Trading, where he directed the team of economists analysing UK mergers. Simon has also previously been a Senior Civil Servant at the Department of Business responsible for directing the economic analysis for UK consumer and competition policy.

Charles River Associates’ (CRA) European Competition Practice is a leading provider of antitrust and regulatory economics advice. CRA has provided thought leadership on front-line issues that have since become mainstream and supported several milestone cases with innovative analysis that has contributed to the development of competition policy in Europe. With over 200 economists based in London, Brussels, Paris, Washington DC, Boston, West Coast, Toronto, and Sydney, the European Competition practice is closely integrated with CRA’s competition experts in North America and APAC, drawing on each other’s expertise and working together on multi-jurisdictional matters.