The Intel-saga: A Victory For Intel At Last

Almost 13 years after the European Commission ("Commission") imposed a fine of € 1,06 billion on Intel for allegedly abusing its dominant position through rebates schemes, the General Court of the European Union ("GCEU") partly annuls the Commission decision resulting in the annulment of the entire fine imposed on Intel.

A quick recap on the saga, on 13 May 2009 the Commission imposed a fine on Intel for infringing Article 102 of the Treaty on the Functioning of the European Union ("TFEU") by abusing its dominant position on the worldwide market for microprocessors (x86). According to the Commission, Intel engaged in two types of abusive conduct: 1) naked restrictions¹ and 2) conditional rebates and payments that resulted in a strategy intended to exclude competitors from the market. The Commission considered its decision to be in line with the approach laid down in its 2009 Guidance Paper (as it carried out an 'as-efficient competitor' (AEC)-analysis), but also