Abuse of foreclosure: The General Court of the European Union annuls a decision of the European Commission which had sanctioned the dominant operator on the LTE chipset market for an abuse of foreclosure based on exclusivity payments, on the basis of a failure to respect the rights of defence, errors of law and manifest errors of assessment of economic circumstances (Qualcomm)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Court's decision in Qualcomm is a perfect continuation of its previous decision in Intel, which we commented on in this column in volume 2022-2 of Concurrences. In both cases, the Court of First Instance annulled decisions through which the Commission had sanctioned - to the tune of one billion euros - processor manufacturers for anti-competitive exclusionary practices, both of which were based on incentives for exclusivity (rebates in one case, payments in the other). In both cases, the consideration of effects seems central to the position taken by the Court. However, these two judgments cannot be read entirely through the prism of an opposition

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Frédéric Marty, Abuse of foreclosure: The General Court of the European Union annuls a decision of the European Commission which had sanctioned the dominant operator on the LTE chipset market for an abuse of foreclosure based on exclusivity payments, on the basis of a failure to respect the rights of defence, errors of law and manifest errors of assessment of economic circumstances (Qualcomm), 15 June 2022, Concurrences N° 3-2022, Art. N° 108178, pp. 90-93

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