The European Way - Reflections on the Intel Judgment

Abstract

This paper analyses the General Court's judgment in Intel v. Commission and considers whether its decision not to reject the orthodox approach to the appraisal of rebates under Article 102, and not to follow the approach proposed by the Commission in the Guidance Paper, mortally wounded the ‘modernisation’ of Article 102. As the answer to this question will to a large extent be affected by the Court of Justice's forthcoming ruling in Intel the paper considers the critical questions and issues to be determined by the Court of Justice.