Cecilia Carli

The General Court’s Renvoi Judgment Closing the Loop Within the Intel Saga. What’s Next For The As-Efficient-Competitor Test?

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Informations and abstract

Keywords: Abuse of dominant position; Loyalty rebates; Standard of proof; Effects- based analysis.

The Eu Lower Court renvoi in the Intel case seems to have inflicted a severe blow on the work of the European Commission, having entirely annulled the (over one) billion fine it imposed on Intel thirteen years ago. In so doing, it brings back on stage some of the key questions of the antitrust debate: what role should economic analysis have in assessing the effects of a potentially abusive conduct, what role can the as efficient competitor test continue to have and, above all, what is the standard of proof required to the European Commission? This ruling offers numerous food for thought not only to be used as a «reading key» for other relevant rulings expected in the coming monthson the same principles, but also for companies when performing a self-assessment of their own conduct.

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