Modernising Abuse of Dominance – the CJEU’s Intel Judgment

On September 6, the Court of Justice of the European Union (“CJEU”) set aside General Court’s 2014 Intel judgment, upholding a European Commission (the “Commission”) decision fining Intel €1.06 billion for abuse of dominance through exclusivity rebates.

The CJEU held that the General Court had erred in failing to examine all of Intel’s arguments calling into question the anticompetitive effects of the arrangements under an ‘as efficient competitor’ analysis. The CJEU referred the case back to the General Court, so that it may examine whether the Commission was correct to conclude that the rebates at issue were capable of restricting competition.