The EU General Court overturns the Commission’s decision to fine a semiconductor chip manufacturer €1.06 billion for abusing its dominant position (Intel)

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On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision almost 13 years prior. The judgment’s findings are promising for pending cases appealing similar issues, including the application of the “as efficient competitor” (AEC) test and the economic analysis necessary to establish the abusive nature of a rebates system. The judgment could also have serious ramifications for the Commission – both in terms of its substantive infringement finding procedures and its duty to repay hefty annulled fines.