The EU Court of Justice modernizes abuse of dominance (Intel)

(“CJEU”) set aside General Court’s 2014 Intel judgment, upholding a European Commission (the “Commission”) decision fining Intel €1.06 billion for abuse of dominance through exclusivity rebates [1]. The CJEU held that the General Court had erred in failing to examine all of Intel’s arguments calling into question the anticompetitive effects of the arrangements under an ‘as efficient competitor’ analysis. [2] The CJEU referred the case back to the General Court, so that it may examine whether the Commission was correct to conclude that the rebates at issue were capable of restricting competition. The CJEU Judgment qualifies the position taken by the General Court, which had treated exclusivity rebates as akin to a per se abuse. The CJEU makes clear that companies can dispute the

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François-Charles Laprévote, Maurits Dolmans, Thomas Graf, The EU Court of Justice modernizes abuse of dominance (Intel), 6 September 2017, e-Competitions Bulletin September 2017, Art. N° 84980

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