The EU Court of Justice refers back to the General Court a case for it to examine the factual and economic evidence and to establish whether the rebates at issue are capable of restricting competition (Intel)

In its long awaited judgment on Intel's appeal against the General Court's ruling that its rebate scheme was inherently anticompetitive and that there was no need to consider the circumstances of the case, the Court of Justice of the European Union (CJEU) has today referred the case back to the General Court for it to examine the factual and economic evidence in the case in order to establish whether the rebates at issue were in fact capable of restricting competition. The ruling will be seen as an important victory by advocates for a more effects-based approach to rebate schemes operated by dominant companies whose actions may have an effect on competition and trade in the EU. Although the CJEU confirms the existing case law under which such exclusivity rebate schemes will be

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  • Herbert Smith Freehills (London)

Quotation

Kristien Geeurickx, The EU Court of Justice refers back to the General Court a case for it to examine the factual and economic evidence and to establish whether the rebates at issue are capable of restricting competition (Intel), 6 September 2017, e-Competitions September 2017, Art. N° 93669

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