Judgment in Case C-413/14 P Intel Corporation Inc. v European Commission

Background and further information:

The European Commission decided in May 2009 to impose a fine of €1.06 billion on Intel Corporation for having abused its dominant position on the market for x86 central processing units (CPUs), in infringement of the EU/EEA competition rules. Intel brought an action against the Commission's decision before the General Court of the CJEU, seeking the annulment of the decision or, at least, a substantial reduction of the fine.

The General Court decided in June 2014 to dismiss Intel's action in its entirety. Intel brought an appeal against the judgement before the European Court of Justice. In October 2016, the Advocate General issued an Opinion on the case. By the present decision, the Court requested that the case is referred 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 of Justice of the European Union decided on 6 September 2017 to set aside the judgement of the General Court which had upheld a fine of €1.06 billion imposed on Intel by the European Commission for abuse of a dominant position.

• Primary Source

Reuters, 06.09.17: Court orders Intel case review in EU antitrust blow https://in.reuters.com/article/eu-intel/idINKCN1BH0WO

EUObserver, 06.09.17: Court deals blow to EU anti-trust machine https://euobserver.com/news/138916

Politico, 06.09.17: Intel wins retrial over €1.06 billion fine in setback for Commission http://www.politico.eu/article/intel-wins-retrial-over-e1-06-billion-fine-in-setback-for-commission/

Politico, 05.09.17: Margrethe Vestager’s Intel problem http://www.politico.eu/article/margrethe-vestagers-intel-problem/

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