Relaxing whilst doing Competition Law is not an Oxymoron

Intel Judgment: Coming out soon

with 3 comments

It has been reported (I learnt it thanks to MLex) that the Intel Judgment will be delivered on 12 June.

If you want to freshen up your recollection of the legal issues at stake, here is the summary of the arguments at stake elaborated by the Court itself:  Intel Report Hearing

Even if I think the General Court would like to have an opportunity to make a point on judicial review by quashing an Art. 102 decision, my guess is that this won’t be the occassion. My knowledge of the case is limited, but my impression is that the Commission’s work was particularly thorough and that it stands on solid ground, even more so after the ECJ’s Judgment in Tomra.

You may nevertheless recall that a year and a half ago Nicolas made a similar (controversially rumour-based) forecast although accompanied by an anticipated criticism.

Even though the Intel case has understandably been the focus of all attention (the 1.06 billion fine surely caught the attention of the media), it’s not the only the most potentially legally relevant rebates case pending before EU Courts.

Written by Alfonso Lamadrid

23 April 2014 at 6:37 pm

Posted in Case-Law

3 Responses

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  1. You are right, It stands on solid ground from a positive standpoint. But do you believe that it stands on “good” ground (the question being: do you think Tomra is a good judgement, both theoretically and practically)?

    Another question is whether the Court will back the Guidance paper approach defended by COMP, or disregard it in favour of the less economic approach advocated by others. Any views on this?


    24 April 2014 at 10:33 am

  2. Thanks, Carlos, both for the comment and for spotting the issues I voluntarily didn’t want to touch upon 🙂 I’m afraid I can’t share my opinion on Tomra for reasons that would take a while to explain. Let me just say that regardless of how the Tomra Judgment was written and reasoned, it’s hardly disputable that the specific rebate scheme at issue in that case was problematic.

    As to the second question, I don’t think the Intel case forces the General Court to choose between one approach or the other because the Commission did make an extra effort to try to prove effects. I would expect a very lenghty and detailed Judgment and not one just based on sweeping principles in case that may mean something. As I said (or rather hinted) in the post, there are other cases that will unquestionably force the ECJ to take a stance; we’ll comment on that in due course…

    Alfonso Lamadrid

    24 April 2014 at 10:56 am

  3. Post Danmark II perhaps?…

    Anonymous Post

    24 April 2014 at 12:07 pm

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