ALERT: UNILATERAL PRACTICE - ABUSE OF DOMINANT POSITION - EXCLUSIVITY REBATES - FORECLOSURE EFFECT

Exclusivity rebates: Advocate General Wahl invites the Court of Justice of the European Union to rule that all the circumstances of the case must be considered in order to determine whether the conduct in question is, in actual fact, capable of restricting competition in a particular market (Intel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is an understatement to say that the conclusions of Advocate General Nils Wahl in Case C-413/14 (Intel v. European Commission) were expected. Even beyond the fact that the case concerns the highest fine ever imposed by the Commission on a single undertaking - EUR 1.060 billion - the appeal in favour of which Intel asks the Court to annul the judgment of 12 June 2014 by which the Court of First Instance dismissed its action for annulment of the Commission's decision of 13 May 2009 raises a number of important questions of principle. The present appeal first of all offers the Court the opportunity to clarify its case-law on the abuse of a dominant

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Exclusivity rebates: Advocate General Wahl invites the Court of Justice of the European Union to rule that all the circumstances of the case must be considered in order to determine whether the conduct in question is, in actual fact, capable of restricting competition in a particular market (Intel), 20 October 2016, Concurrences N° 1-2017, Art. N° 83244, www.concurrences.com

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