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The Intel Judgment: (Re)balancing the Burden of Proof

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Rebates are commonly used by companies to maximize sales. From an antitrust law perspective, such discount schemes are generally not problematic. However, dominant firms may sometimes apply discounts in a way that distorts competition. The ruling in Intel by the EU’s General Court further clarifies the mechanics of EU antitrust law and is a must read for any company wishing to show that it acted lawfully within the boundaries of competition on the merits. Our authors give their views about the main lessons to be learned from this judgment.