Intel and the Rebirth of the Economic Approach to EU Competition Law

Abstract

The Intel ruling will significantly affect EU competition law. It confirms that there cannot be per se violations of Article 102 TFEU and that, once the Commission follows a specific test in assessing the anticompetitive nature of a unilateral conduct, the reviewing courts cannot overlook that test. In addition, Intel gives some hints as to the rules governing the burden and the standard of proof that should be applied to show that monopolistic behaviors are anticompetitive.

Keywords: Antitrust; Intel; Effect-based Approach; As-Efficient-Competitor Test

JEL Classification: K21, L12, L41