Intel: Analysing the Advocate General’s Opinion
Damien Neven, Sandra Marco Colino, Pablo Ibáñez Colomo, Nicolas Petit, Intel: Analysing the Advocate General’s opinion, February 2017, Concurrences N° 1-2017, Art. N° 83450, pp. 16-35, https://www.concurrences.com/en/review/issues/no-1-2017/on-topic/intel-analysing-the-advocate-general-s-opinion
Posted: 21 Jun 2021
Date Written: February 15, 2017
Abstract
The 2009 decision of the EU Commission imposing a €1.06 billion fine on Intel, and the subsequent judgment of the General Court (GC) upholding the decision have sparked an intense debate as to the way Article 102 TFEU should be applied. This On-Topic adds to the fervent discussion with contributions from Professors Sandra Marco Colino, Pablo Ibáñez Colomo, Damien J. Neven and Nicolas Petit. The authors focus mainly on the recent opinion of Advocate General (AG) Nils Wahl, which proposed setting aside the judgment of the GC in order to develop a coherent legal framework for the analysis of rebates under the law of abuse of dominance. They assess the impact of the opinion from different perspectives, and discuss the merits of the ’effects-based approach’ to Article 102 TFEU.
Keywords: European Union, Unilateral Practices, Dominance, Rebates, Sanctions, Exclusivity clause, Anticompetitive object / effect, Economic analysis, As efficient competitor, Information technology
JEL Classification: K21
Suggested Citation: Suggested Citation