The Advocate General's Opinion in Intel v Commission: Eight Points of Common Sense for Consideration by the CJEU

Concurrences Review, No. 1

14 Pages Posted: 29 Nov 2016 Last revised: 18 Apr 2018

See all articles by Nicolas Petit

Nicolas Petit

University of Liege - School of Law; Hoover Institution

Date Written: November 24, 2016

Abstract

The Opinion delivered by Advocate General Wahl in Intel v Commission (“the Opinion”) invites the Court of Justice of the EU (“CJEU”) to “refine its case-law relating to the abuse of a dominant position” under Article 102 of the Treaty on the Functioning of the EU (“TFEU”). In essence, the Opinion invites the CJEU to return to first principles and inject common sense into the law of Article 102 TFEU, in the wake of the evolution started by Post Danmark I and Post Danmark II. This can be understood through eight key points, the common thread of which is a concern to ensure legal coherence and economic reason in the application of Article 102 TFEU. This brief commentary highlights those eight points, and suggests that some should be taken even further than AG Wahl proposes.

Keywords: Antitrust, Competition, Abuse of Dominance, Exclusivity, Rebates, Law and Economics, Effects, As Efficient Competitor

JEL Classification: K00, K20, K21, K40, K42, L40, L41

Suggested Citation

Petit, Nicolas, The Advocate General's Opinion in Intel v Commission: Eight Points of Common Sense for Consideration by the CJEU (November 24, 2016). Concurrences Review, No. 1. Available at SSRN: https://ssrn.com/abstract=2875422

Nicolas Petit (Contact Author)

University of Liege - School of Law ( email )

B-4000 Liege
Belgium

Hoover Institution ( email )

Stanford, CA 94305
United States

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