Case T-286/09 Intel v Commission—The Judgment of the General Court: All Steps Backward and No Steps Forward

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Series Details Volume 10, Number 2, Pages 203-230
Publication Date May 2014
ISSN 1744-1056
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"On 12 June 2014, the General Court (the Court) issued a judgment upholding in its entirety the European Commission’s decision of 13 May 2009 imposing a fine of €1.06 billion on Intel for abusing its dominant position in the market for x86 central processing units (CPUs)."
"The Intel judgment represents a serious step backwards for the adoption of an effects-based approach to Article 102. In a case which was touted by the Commission as the first to apply a cost-based test to determine whether rebates were exclusionary, the Court has firmly rejected an effects-based approach and the use of the Commission’s as an efficient competitor test, and has instead reaffirmed and extended the restrictive pre-existing case law that the Commission had sought to move away from."
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