The EU General Court upholds the Commission’s record fine and states that exclusivity-inducing rebates are anticompetitive by default (Intel)

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Intel and the future of Article 102* A test-case for the effects-based approach In a long-awaited ruling, last week’s General Court judgment [1] has confirmed the Commission’s 2009 Intel decision. [2] The Commission’s decision had found the chip producer to infringe competition rules by granting anti-competitive rebates to computer manufacturers (“OEMs”) in an attempt to exclude its rival AMD from the market. The Commission had handed down a fine of over a billion euros against Intel, the largest penalty ever imposed on a single firm at the time. The Intel decision had been the first investigation in which the Commission had explicitly used an effects-based approach to assess the competitive consequences of loyalty rebates under Article 102 TFEU. Specifically, it had applied a so-called

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  • DG COMP (Brussels)

Quotation

Hans Zenger, The EU General Court upholds the Commission’s record fine and states that exclusivity-inducing rebates are anticompetitive by default (Intel), 12 June 2014, e-Competitions June 2014, Art. N° 87900

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