The Future of Article 102 TFEU after Intel

26 Pages Posted: 17 Feb 2018

Date Written: February 17, 2018


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

Suggested Citation

Ibáñez Colomo, Pablo, The Future of Article 102 TFEU after Intel (February 17, 2018). Available at SSRN: or

Pablo Ibáñez Colomo (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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