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The Dual Nature of Interim Measures in European Antitrust Enforcement: Administrative Implementation and Judicial Oversight

By Imane Mamouche

Law and World · Vol. 12, No. 37, pp. 40-52 · 2026

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Abstract

The European legislature established interim measures as a crucial protective mechanism to avert the impending harm. These measures are applied by various institutions, including European courts and the European executive authority, highlighting their critical role in addressing diverse conflicts, particularly the violation of competition regulations. Antitrust activities constitute a delicate domain where dangers threaten both the common market (public interest) and competitors (private interests). Consequently, offering this tool will prevent further deterioration of injuries.

Nonetheless, despite their reputation, interim measures are challenging to obtain, rendering it nearly impossible to benefit from their advantages, prompting scrutiny of the legal frameworks upon which their efficacy relies.

This article seeks to elucidate the applications of interim measures in accordance with pertinent European legislation and clarify the context that has resulted in their infrequency in competition disputes, emphasising their legal nature as a vital element in their effectiveness in preventing or deterring violations of competition rules.

Details

Publication type
Journal article
Author
  • Imane Mamouche - Ph.D. in Private Law, Academic researcher, University of Morsli Abdallah, Tipaza, Algeria
Journal
Law and World
Publication
March 31, 2026
Volume
12
Issue
37
Pages
40-52
Language
English
DOI
10.36475/12.1.3
ISSN
2346-7916
Institutions
Morsli Abdallah University Centre of Tipaza
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Administrative Law

Keywords

Urgency antitrust European Commission European courts prima facie

Cite this record

Mamouche, I. (2026). The Dual Nature of Interim Measures in European Antitrust Enforcement: Administrative Implementation and Judicial Oversight. Law and World, 12(37), 40-52. https://doi.org/10.36475/12.1.3
Mamouche, Imane. "The Dual Nature of Interim Measures in European Antitrust Enforcement: Administrative Implementation and Judicial Oversight." Law and World 12, no. 37 (2026): 40-52. https://doi.org/10.36475/12.1.3.
@article{mamouche2026_7zedqb,
  title     = {The Dual Nature of Interim Measures in European Antitrust Enforcement: Administrative Implementation and Judicial Oversight},
  author    = {Mamouche, Imane},
  year      = {2026},
  journal   = {Law and World},
  volume    = {12},
  number    = {37},
  pages     = {40--52},
  doi       = {10.36475/12.1.3},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/956},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Mamouche, Imane
TI  - The Dual Nature of Interim Measures in European Antitrust Enforcement: Administrative Implementation and Judicial Oversight
PY  - 2026
JO  - Law and World
VL  - 12
IS  - 37
SN  - 2346-7916
DO  - 10.36475/12.1.3
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/956
AB  - The European legislature established interim measures as a crucial protective mechanism to avert the impending harm. These measures are applied by various institutions, including European courts and the European executive authority, highlighting their critical role in addressing diverse conflicts, particularly the violation of competition regulations. Antitrust activities constitute a delicate domain where dangers threaten both the common market (public interest) and competitors (private interests). Consequently, offering this tool will prevent further deterioration of injuries. Nonetheless, despite their reputation, interim measures are challenging to obtain, rendering it nearly impossible to benefit from their advantages, prompting scrutiny of the legal frameworks upon which their efficacy relies. This article seeks to elucidate the applications of interim measures in accordance with pertinent European legislation and clarify the context that has resulted in their infrequency in competition disputes, emphasising their legal nature as a vital element in their effectiveness in preventing or deterring violations of competition rules.
KW  - Urgency
KW  - antitrust
KW  - European Commission
KW  - European courts
KW  - გადაუდებლობა
KW  - prima facie
KW  - ანტიმონოპოლიური სამართალი
KW  - ევროპის კომისია
KW  - ევროპული სასამართლოები
SP  - 40
EP  - 52
ER  -
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