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EU court orders €1.1bn Intel antitrust case to be re-examined

Media Alert
BRUSSELS, 06 September  2017  - Today, Europe’s  top court, the Luxembourg-based Court of Justice of the European Union (ECJ), ordered a lower-court to re-examine the U.S. chipmaker Intel’s appeal against a 1.06-billion-euro ($1.3 billion) EU antitrust fine for abuse of a dominant position.  

The ECJ referred the case back to the General Court in order for it to examine the arguments put forward by Intel concerning the capacity of the rebates at issue to restrict competition.

"The Court's decision to order the General Court to examine Intel's arguments on the Commissions assessment of the as efficient competitor (ACE) test is to be welcomed. If the Commission includes in its Decision 200 pages of economic assessment to bolster its findings, it must be held accountable for any errors therein.  Intel now has to continue its court battle, and considering the nature and complexity of its challenge of the ACE test, I would be surprised if a judgment came out before the 10th anniversary of the lodging of Intel's appeal,” said Georg Berrisch, Partner in the Brussels office.

Intel is one of the longest-running cases in the commission’s history and one of the few to reach the EU’s top court. The case is: C-413/14 P, Intel Corporation v. Commission.

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