The EU Court of Justice’s Intel-ligence: Exclusionary Abuses in the Light of the Intel Judgment

Abstract

The EU Court of Justice’s recent Intel judgment represents a small step towards the right direction. The long established case law on loyalty rebates has been “clarified” by the Grand Chamber of the Court to bring it into line with the teaching of modern antitrust economics. First of all, the paper gives an overview of the competition policy problems posed by rebates applied by dominant undertakings. In the second part the Commission’s decision imposing a record breaking fine on Intel, the judgment of the General Court, the opinion of the Advocate General and the judgment of the ECJ are analysed.