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Conditional rebates under antitrust law: EU courts’ Intel rulings confirm effects-based approach

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Emily Bourne

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Agnieszka Kolasinska

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03 February 2022

After 13 years before the EU courts, on 26 January 2022 the General Court (GC) partially annulled the European Commission’s decision finding that Intel abused its dominant position by excluding its main rival from a computer chips market. 

Intel’s victory is remarkable since the GC annulled the EUR1.06 billion fine in its entirety. The GC followed the legal framework established in the earlier judgment of the European Court of Justice but also gave certain insights into how to assess conditional rebates, in particular the role of economic analysis. We set out the key takeaways in our alert.