The EU Court of Justice reverses the General Court’s decision in an abuse of dominance case against a Big Tech company in the market for processors and rules that rebates should be judged under the rule of reason (Intel)

Roundtable Discussion on the ECJ ruling in Intel* On 6 September 2017, the European Court of Justice (“ECJ”) issued a landmark judgment where it set aside the judgment of the General Court (“GC”) in the highly debated Intel matter. This judgment is of particular significance because it provides guidance on the treatment of exclusivity rebates under Article 102. While the GC proposed a more formalistic approach, the ECJ judgment reinforces the need to assess the context and the size of the rebates. In this discussion piece, Compass Lexecon experts Jorge Padilla, Damien Neven and Xavier Boutin provide their views on the implications of this judgment. Q1. Do you think this judgment is a positive development for European competition policy and the European economy?Jorge Padilla I believe

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Authors

  • Compass Lexecon (Brussels)
  • The Graduate Institute for International and Development Studies (Geneva)

Quotation

Jorge Padilla, Damien Neven, The EU Court of Justice reverses the General Court’s decision in an abuse of dominance case against a Big Tech company in the market for processors and rules that rebates should be judged under the rule of reason (Intel), 6 September 2017, e-Competitions September 2017, Art. N° 87421

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