UNILATERAL PRACTICES : EXCLUSIONARY ABUSES – FIDELITY REBATES – AS-EFFICIENT COMPETITOR

Fidelity rebates : The General Court of the European Union upholds the Commission’s decision and clearly reiterates that rebates conditional on exclusivity and payments aimed at preventing competitors from reaching the market are capable of restricting competition and foreclosing competitors from the market without the need to demonstrate any potential or actual effect on the market (Intel / Commission)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment of the Court of First Instance in the Intel case was eagerly awaited. Not only had this case led the European Commission (the "Commission") to impose the highest individual fine ever imposed (EUR 1.06 billion) in its decision of 13 May 2009 (EC Commission, Dec. C(2009) 3726 final of 13 May 2009, Intel, Case COMP/C-37.990, Comm. A.-L. Sibony), but it also dealt with the practice of loyalty rebates, the question of whether it should be understood by object or by effect continues to be the subject of much debate among lawyers and economists. The background to this case is as follows: Intel, a company in a dominant position on the x86

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Anne Wachsmann, Nicolas Zacharie, Fidelity rebates : The General Court of the European Union upholds the Commission’s decision and clearly reiterates that rebates conditional on exclusivity and payments aimed at preventing competitors from reaching the market are capable of restricting competition and foreclosing competitors from the market without the need to demonstrate any potential or actual effect on the market (Intel / Commission), 12 June 2014, Concurrences N° 3-2014, Art. N° 67846, pp. 91-95

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