…on Aspen. Yet, at the same time, the Commitments impose a form of restorative justice by providing for “transitory rebates”. Effectively, these reimburse national payors for the higher prices paid…

…measures in a relatively straightforward abuse case. The Commission investigated Broadcom for exclusivity practices, exclusivity-inducing rebates and other advantages, bundling, abusive IP-related strategies and interoperability concerns. The commitments more-or-less address…

…erred in failing to examine all of Intel’s arguments concerning the way the Commission had conducted an “as efficient competitor” test, in order to show whether the rebate schemes at…