Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

EU Court of Justice Delivers Landmark Judgment in the Intel Case

By Camille Keres & Yves Botteman on September 13, 2017
Email this postTweet this postLike this postShare this post on LinkedIn

The European Court of Justice (CoJ) just came back to business with a bang. On September 6, 2017, it delivered its long-awaited judgment in the Intel case. The CoJ refers the case back to the General Court (GC), with the instruction to review the economic arguments put forward by Intel in its defense against the European Commission’s (Commission) findings that its exclusivity rebates were anticompetitive.

The Intel judgment is significant insofar as it marks a major departure with previous case-law, which considered that exclusivity rebates are, by their very nature, anticompetitive. From now on, all rebates, whether exclusive or loyalty-enhancing, must be examined in light of all of the relevant circumstances, including their economic effects. In that respect, it must be ascertained whether the rebates are capable of excluding an as efficient competitor as the dominant company.

Arguably, this new approach is a – probably small – opening for dominant businesses willing to offer exclusivity rebates: under certain circumstances, such rebates might well withstand close antitrust scrutiny.

Click here to read our detailed briefing on the judgment.

Camille Keres

Camille Keres is no longer with Steptoe & Johnson LLP

Email
Photo of Yves Botteman Yves Botteman

Yves is the Global Head of Antitrust at Steptoe—where he’s worked for 11 years—and shares his legal expertise on antitrust matters through blogging.

EmailYves's Linkedin Profile
  • Posted in:
    Antitrust, Competition and Trade
  • Blog:
    Antitrust & Competition Blog
  • Organization:
    Steptoe LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo