The EU General Court holds that a duty to procure specific documents might be imposed on the Commission at the request of an undertaking which is the subject to an antitrust investigation under certain circumstances (Intel)

Access to documents not to be found in the Commission’s possession I. Background The Intel Cases have occupied the international arena of antitrust litigation for the past ten years and a definitive resolution has not been reached yet. The administrative proceeding initiated by the Commission in the EU is far from being the only action brought against the loyalty rebates granted by the Intel to Dell, HP or NEC. The focus of attention has been set on the amount of fine imposed by the Commission and upheld by the General Court in its judgement from 12 June 2014 for the single and continuous infringement of Article 102 TFEU and Article 54 EEA, from October 2002 until December 2007, by way of implementing a strategy aimed at foreclosing a competitor, AMD, from the market for x86 CPU

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Emanuela Matei, The EU General Court holds that a duty to procure specific documents might be imposed on the Commission at the request of an undertaking which is the subject to an antitrust investigation under certain circumstances (Intel), 12 June 2014, e-Competitions Bulletin June 2014, Art. N° 67176

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