On 19 January 2023, the EU Court of Justice, answering questions from the Italian Council of State, confirmed that the Intel effects-based approach applies also to exclusive dealing practices and held that competition authorities must duly examine economic evidence produced by dominant undertakings. The court also held that, under certain narrow circumstances, conduct implemented by…

Competition law mainly deals with microeconomic issues. Price theory orients its application, with price, supply, demand, and information being important parameters. However, microeconomics does not have a monopoly on influencing competition and competition law. Macroeconomic developments have roles to play as well. These roles may materialize in the form of monetary and budgetary policies. For…

The long-awaited Google Android decision is out (see the press release here or the full text here). The General Court has dismissed Google’s action almost in its entirety, slightly reducing the record fine from 4.343 billion euros to (still a record) 4.125 billion euros. This post gives a very first overview of the judgment and…

The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. Qualcomm v Commission[1] is the first annulment of an Article 102 TFEU decision adopted by Commissioner Margrethe Vestager. The judgment is notably based on the…

On 26 January 2022, the EU’s General Court (GC) annulled the European Commission’s (EC) €1.06 billion fine on Intel for abusing a dominant position with its rebate schemes.[1] The judgment demonstrates that the European Courts are prepared to look in detail at evidence and economic analysis in antitrust cases, and will annul EC decisions if…