The EU General Court quashes dominant chip manufacturer’s antitrust fine for "exclusivity payments" and censures the EU Commission for multiple due process and substantive errors (Qualcomm)

The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. _ Qualcomm v Commission [1] is the first annulment of an Article 102 TFEU decision adopted by Commissioner Margrethe Vestager. The judgment is notably based on the importance of due process when it comes to economic analysis, and criticizes both the Commission's procedures and its substantive assessment. Key points of the judgment The General Court strongly criticized the Commission's failure to inform Qualcomm of a number of interviews it conducted with third parties. The Commission failed to maintain a proper record of these meetings, which meant that the Commission's argument against the relevance of

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Assimakis Komninos, James Killick, The EU General Court quashes dominant chip manufacturer’s antitrust fine for "exclusivity payments" and censures the EU Commission for multiple due process and substantive errors (Qualcomm), 15 June 2022, e-Competitions June 2022 - II, Art. N° 107095

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