The formal investigation could take several years to conclude and the Commission notes that the outcome is not prejudiced by preliminary findings nor any interim measures. “The Commission has gathered information indicating that Broadcom may be implementing a range of exclusionary practices in relation to these products,” it writes. “These practices may include (i) setting exclusive purchasing obligations, (ii) granting rebates or other advantages conditioned on exclusivity or minimum purchase requirements, (iii) product bundling, (iv) abusive IP-related strategies and (v) deliberately degrading interoperability between Broadcom products and other products. “As a result of concerns relating to these alleged practices by Broadcom, the Commission has decided to open a formal investigation.
The Commission says it wants to impose interim measures to prevent the suspected anti-competitive behaviour from damaging the market “irreparably” — i. e. before a regulatory intervention could issue a corrective sanction, assuming it ends up deciding such action is necessary after the investigation has run its course.