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EU competition round-up: AG backs dismissal of Intel appeal, CJEU notaries Article 101 ruling, FIFA liability reference, and merger clearances (18 January 2024)

Published on: 18 January 2024

Published by a LexisNexis Competition expert

Legal News

Article summary

Antitrust AG proposes Court of Justice should dismiss the Commission’s appeal in Intel

Advocate General Medina has delivered her opinion in Case C- 240/22 Commission v Intel, the appeal challenging the General Court’s ruling in Case T- 286/09 RENV (after a remittal from the Court of Justice), which set aside in part the Commission’s decision of 13 May 2009 that had found an infringement and levied a fine on Intel Corporation (Intel) for the alleged abuse of a dominant position tied to conditional rebates and loyalty payments (Case AT.37990). She advised that the Court of Justice should reject the Commission’s appeal. Acting on the Court of Justice’s invitation, the Advocate General concentrated principally on two of the six grounds of appeal. Those two grounds asserted that the General Court had made a series of errors and violated the Commission’s rights of defence when assessing the as-efficient-competitor (AEC) test with respect to two customer accounts, namely Hewlett-Packard Company and Lenovo Group Ltd, in particular...

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