Intel and the Abuse of Dominant Position: The General Court Upholds the Highest Fine Imposed on a Single Company for a Competition Law Infringement

European Law Reporter, 2014, nº 7-8

6 Pages Posted: 15 Aug 2015 Last revised: 20 Aug 2015

See all articles by João Cardoso Pereira

João Cardoso Pereira

Portuguese Competition Authority; Portuguese Competition Authority

Date Written: August 7, 2014

Abstract

The General Court’s ruling of 12 June 2014 (Case T-286/09 Intel) upheld the Commission’s decision and the fine imposed on Intel. The General Court held that exclusivity rebates are by their very nature capable of restricting competition. The General Court considers that when a dominant company grants exclusivity rebates (or engages in equivalent practices), the Commission is not under the obligation to analyse the actual effects of the conduct on competition. This paper analyses the Court’s reasoning and tries to anticipate the implications for the enforcement of competition rules.

Keywords: Exclusivity Rebates, Competition Law, Intel Judgment, Abuse of Dominance

Suggested Citation

Cardoso Pereira, João and Cardoso Pereira, João, Intel and the Abuse of Dominant Position: The General Court Upholds the Highest Fine Imposed on a Single Company for a Competition Law Infringement (August 7, 2014). European Law Reporter, 2014, nº 7-8, Available at SSRN: https://ssrn.com/abstract=2643554

João Cardoso Pereira (Contact Author)

Portuguese Competition Authority ( email )

1050-138 Lisboa
Portugal

Portuguese Competition Authority ( email )

Avenida de Berna, n.º 19
Lisbon, 1050-037
Portugal

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