On 16 October 2019, the EU Commission (“the Commission“) adopted interim measures against Broadcom in connection with its ongoing investigation into the company for abuse of a dominant position.

The investigation started in June 2019 when the Commission opened an antitrust investigation to assess whether Broadcom restricted competition in various chipsets and components markets by means of certain practices (eg exclusivity, tying, bundling, interoperability degradation and abusive use of intellectual property rights).

The Commission has now ordered Broadcom to stop applying certain provisions contained in selected customer agreements in order to prevent serious and irreparable harm to competition likely to be caused by Broadcom’s conduct, which prima facie infringes EU competition rules.

This is the first time the Commission has used its interim measures powers under Article 8 of Regulation 1/2003 and it is the first interim measures decision adopted by the Commission since its decision in IMS in 2001.

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Contacts

Kyriakos Fountoukakos
Kyriakos Fountoukakos
Managing Partner, Brussels
+32 2 518 1840
Marcel Nuys
Marcel Nuys
Partner, Dusseldorf
+49 211 975 59065
Florian Huerkamp
Florian Huerkamp
Counsel, Dusseldorf
+49 211 975 59063