Intel: The Long Awaited ECJ Ruling
Laurence Idot, Cristina Caffarra, David Sevy, Marixenia Davilla, Paul Lugard, Damien Neven, Miguel Rato, Intel: The long awaited ECJ ruling, February 2018, Concurrences N° 1-2018, Art. N° 86055, pp. 14-41, https://www.concurrences.com/en/review/issues/no-1-2018/on-topic/intel-the-long-awaited-ecj-ru
Posted: 21 Jun 2021
Date Written: January 29, 2018
It was questionable whether this important judgment would close the debate on the interpretation of Article 102 TFEU. Will it put an end to the controversial and even polemical topics related to the interpretation of Article 102 TFEU and in particular to the debate on the effects-based analysis? Furthermore, Intel decides on the use of the so-called As Effective Competitor Test (AEC) by the Commission. It is finally argued, beyond the interpretation of Article 102 TFEU, that it is necessary to reason in terms of the European Union law criteria rather than to transpose the per se / rule of reason terminology of US antitrust law.
Keywords: European Union, Unilateral Practices, Dominance, Rebates, Judicial review, Rule of reason, Effect on competition, Anticompetitive object / effect, As efficient competitor, Information technology
JEL Classification: K21
Suggested Citation: Suggested Citation