The EU Court of Justice refers a case back to the General Court for re-examination (Intel)

Major victory for Intel as CJEU sends case back to General Court for re-examination* On 6 September, the EU’s highest court, the Court of Justice (CJEU), released its long-awaited decision in the Intel case, in which the Commission imposed a fine of €1.06 billion – at the time, the largest fine ever imposed by a competition regulator on an individual company. This is a very important decision in light of the CJEU’s holding that authorities must examine evidence of the anti-competitive effect of allegedly abusive conduct, instead of relying simply on form-based infringement findings. The judgment may play an important role in a number of high-profile Commission investigations of alleged abuses of dominant positions, particularly in the technology and pharmaceutical sectors. The

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Authors

  • Norton Rose Fulbright (Brussels)
  • Norton Rose Fulbright (London)

Quotation

James R. Modrall, Ian Giles, The EU Court of Justice refers a case back to the General Court for re-examination (Intel), 6 September 2017, e-Competitions Bulletin September 2017, Art. N° 84767

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