The Future of Article 102 TFEU after Intel

Abstract

The Court judgment in Intel clarifies two crucial aspects relating to the interpretation of Article 102 TFEU. As a matter of principle, the provision is only concerned with the exclusion of rivals that are as efficient as the dominant firm. Dominant firms can adduce evidence rebutting the presumption that exclusive dealing and loyalty rebates are capable of having anticompetitive effects. It is possible to infer from the judgment an analytical framework applying to all abusive practices.

Keywords: Article 102 TFEU, Presumptions, Exclusivity, Loyalty Rebates, Abuse, Exclusionary Effects

JEL Classification: K21, L41, L42