Exclusivity payments: The General Court of the European Union rejects the European Commission’s theory of harm, according to which the payments offered in return for exclusive supply would have reduced the incentives of a smartphone manufacturer to turn to its supplier’s competitors for the supply of LTE chipsets because it had no technical alternative (Apple / Qualcomm)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On June 15, 2022, the General Court of the European Union issued its judgment in Case T-235/18 (Qualcomm v. European Commission) in which it annulled in all respects the Commission's decision of January 24, 2018 in which the Commission fined Qualcomm nearly €1 billion for abuse of a dominant position in the global market for Long Term Evolution (LTE) compatible chipsets. In reaching this conclusion, the Court not only finds that Qualcomm's rights of defense were repeatedly affected, but also that the Commission's theory of harm that the proposed payments for supply exclusivity would have effectively reduced Apple's incentives to turn to the applicant's

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Exclusivity payments: The General Court of the European Union rejects the European Commission’s theory of harm, according to which the payments offered in return for exclusive supply would have reduced the incentives of a smartphone manufacturer to turn to its supplier’s competitors for the supply of LTE chipsets because it had no technical alternative (Apple / Qualcomm), 15 June 2022, Concurrences N° 2-2022, Art. N° 107077, www.concurrences.com

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