The EU General Court quashes the Commission’s €1B fine against a chip manufacturer due to multiple procedural failings and flawed analysis of the effect on competition (Qualcomm)

On 15 June 2022, the General Court quashed the European Commission's 2018 decision which found that Qualcomm had abused its dominant position by making exclusivity payments to Apple in relation to the supply of LTE chipsets. The General Court annulled the decision in its entirety, on the basis of a number of procedural errors, as well as errors in the European Commission's substantive analysis of the anticompetitive effects of the payments. Key takeaways The European Commission is required to properly record with sufficient detail, and disclose on the case file, details of all relevant meetings it holds with third parties regarding the investigation. The practice of using information provided orally cannot be permitted to infringe the defendant's rights of defence. While the European

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  • Ashurst (London)
  • Ashurst (London)

Quotation

Steven Vaz, Natasha Gromof, The EU General Court quashes the Commission’s €1B fine against a chip manufacturer due to multiple procedural failings and flawed analysis of the effect on competition (Qualcomm), 15 June 2022, e-Competitions June 2022, Art. N° 107362

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