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Intel Renvoi: The General Court Sets a Course to Steer the EU Through Troubled Waters

Martin Toskov


Keywords: Intel, conditional rebates, as-efficient-competitor test, AEC test, non-price-based abuse of dominance, Article 102(c)

Case T-286/09 RENV Intel Corporation v Commission, Judgment of the General Court (Fourth Chamber, Extended Composition) of 26 January 2022
Just over a year ago, the General Court (GC) handed down its second judgment of the Intel saga. The judgment largely follows the Court of Justice of the European Union’s (CJEU) findings from 2017.1 The case centres around the conditional rebates Intel used in its dealings with trading partners. Specifically, the place of the as-efficient-competitor (AEC) test in non-price-based abuses of dominance under Article 102(c) TFEU2 and the role of effects-based analyses in fidelity rebates. The new, more effects-based approach adopted by the GC is both welcome and necessary. It ensures that EU competition law encourages, rather than dampens, entrepreneurship and is thus a tool fit to guide the EU through the current economic difficulties.

Martin Toskov, Associate Editor, Concurrences.


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