Cap. 379 Art. 15Interim measures.

(1) The Court shall, upon an application filed by the

Director General, in cases of urgency due to the risk of serious and irreparable harm to competition on the basis of a prima facie finding of an infringement of articles 5 and, or 9 of the Act and, or Articles

101 and, or 102 of the TFEU, issue interim measures on any undertaking and, or association of undertakings concerned as it may deem appropriate in the circumstances:

Provided that any decree imposing interim measures issued according to this provision shall be enforceable upon its delivery and any interim measure shall be proportionate and shall apply either for a specified period of time to be determined by the Court or until the final judgement on the merits of the case is delivered by the Court:

Provided further that the interim measures may be renewed by the Court in so far as it is necessary and appropriate upon an application filed by the Director General before the Court.

(2) The application filed by the Director General pursuant to sub-article (1) shall state all the facts known by him and the reasons why he deems that the imposition of interim measures is in this case required. Such application shall also contain all submissions to be made together with all documents in support of the demand that is being filed:

Provided that together with the application, the Director General may also include a report in the English language with any findings in order to sustain his demand.

(3) The application shall be served on the undertakings and, or associations of undertakings concerned which shall file a reply thereto within eight days from the date of service of the application, containing all the submissions together with all the documents in support of the reply that is filed:

Provided that the Court may reduce the said period indicated in this sub-article, as it deems fit in the circumstances.

(4) The court shall decide the application with urgency either in camera or after hearing the parties, if it deems fit, provided that not more than one sitting may be fixed for such purpose.

(5) An appeal from the interim measures imposed by the Court pursuant to sub-article (1) may be lodged by the aggrieved from the date of service of such an application:

Provided that an appeal filed in accordance with this sub-article shall not have the effect of suspending any interim measures imposed by the Court.

(6) The Court of Appeal shall decide on the application pursuant to sub-article (5) in an expedited manner.

(7) The Office shall inform the European Competition Network of the interim measures imposed in case of a prima facie finding of an infringement of Article 101 and, or Article 102 of the TFEU, referred to in sub-article (1).