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Abstract: Although heated debates are quite common in the law on abuses of dominant position, it is not an exaggeration to state that Intel case has generated an unusual storm of comments and discussions. In 2009, the European Commission fined Intel 1.06 billion % for abusing dominant position by granting exclusivity rebates. In 2014, the General Court rendered judgment in support of the European Commission's decision. In 2017, the Court of Justice of the European Union set aside that judgment and referred the case back to the General Court in order for it to examine Intel's arguments regarding the capacity of the rebates at issue to restrict competition. This long awaited ruling in the Intel case is so far one of the most important judgments regarding exclusivity rebates and Art. 102 TFEU enforcement. The paper addresses relevant issues and conclusions in relation to the exclusivity rebates. Additionally, the author attempts to assess possible effects and implications of the Courts of Justice's judgment.
Keywords: Art. 102 TFEU, abuse of dominant position, exclusivity rebates, the "as efficient competitor" test, effects-based approach
Published in DKUM: 15.01.2021; Views: 780; Downloads: 21
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