The Judgment of the EU Court of Justice in Intel and the Rule of Reason in Abuse of Dominance Cases

European Law Review, 2018 Vol. 43 nº 5 p.728-750

23 Pages Posted: 12 Dec 2017 Last revised: 7 Feb 2020

See all articles by Nicolas Petit

Nicolas Petit

European University Institute - Department of Law (LAW)

Date Written: December 12, 2017

Abstract

This paper discusses the judgment of the EU Court of Justice of 06 September 2017 in the Intel case. It argues that the case-law of the Court of Justice has now embraced the rule of reason for the assessment of the legality of dominant undertakings exclusivity rebate systems in particular, and for the analysis of exclusionary practices in general. The judgment also establishes that efficiency is the public policy behind abuse of dominance law. This evolution of the case-law is likely to produce consequences in competition enforcement, by increasing reliance on tools like the "As Efficient Competitor" test, if not to make recourse to it unavoidable when the competition agency has publicly expressed a policy preference for this framework of analysis.

Keywords: Antitrust, Competition, Abuse of Dominance, Exclusivity, Rebates, Efficiency, Law and Economics

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

Suggested Citation

Petit, Nicolas, The Judgment of the EU Court of Justice in Intel and the Rule of Reason in Abuse of Dominance Cases (December 12, 2017). European Law Review, 2018 Vol. 43 nº 5 p.728-750, Available at SSRN: https://ssrn.com/abstract=3086402 or http://dx.doi.org/10.2139/ssrn.3086402

Nicolas Petit (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

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