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CJEU: AG Medina advises dismissing Commission appeal in C‑240/22 P (Intel); AEC test on HP/Lenovo exclusivity rebates insufficient to establish foreclosure under Article 102 TFEU

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Case facts

Outline: Appeal directed at the General Court’s judgment in Case T‑286/09 RENV (after remittal by the Court of Justice), which partially set aside the Commission’s decision of 13 May 2009 that found an infringement and imposed a fine on Intel Corporation for the alleged abuse of a dominant position through conditional rebates and loyalty payments (Case AT.37990).

Outcome

On 18 January 2024, Advocate General Medina issued her opinion proposing that the Court of Justice dismiss the appeal. Advocate General Medina addressed only two of the Commission’s grounds of appeal, concerning purported errors by the General Court in assessing how the as‑efficient‑competitor (AEC) test applied to the exclusivity rebates offered by Intel Corporation to Hewlett‑Packard (HP) and Lenovo Group Ltd (Lenovo)...

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Web page updated on 21/05/2026

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