On January 26, 2022, the EU General Court (the Court) annulled the European Commission’s (the Commission) decision that Intel had abused its dominant position regarding its x86 central processing unit (CPU) computer chips and the imposition of a €1.06 billion fine. The judgment demonstrates that infringement decisions must be supported by economic analysis, and not rely on form-based condemnation of rebate schemes, and that companies can rely on economic analysis to assess the antitrust compliance of their rebate schemes, which the EC must carefully review in case of investigation. Key Takeaways From the Judgment Confirms an economics-led approach to dominant companies’ pricing practices: This landmark judgment confirms the move in the Court’s jurisprudence away from a form-based
The EU General Court annuls the Commission’s decision that a semiconductor chip manufacturer had abused its dominant position and the Commission’s imposition of a €1.06 billion fine (Intel)
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