Surprise ruling sets aside landmark 2009 judgment which held that the US chip giant gave illegal rebates to squeeze out rival AMD
Intel won a historic victory in its court fight over a record €1.06bn competition fine, in a ruling that upends one of the EU’s most important antitrust cases.
The Luxembourg-based EU court said the commission provided an “incomplete” analysis when it fined Intel, and criticised it for not providing sufficient evidence to back up its findings of anticompetitive risks. The EU commission in 2009 handed Intel with what was then the bloc’s biggest antitrust fine. It represented about 4% of Intel’s $37.6bn in sales in 2008. Since then, Santa Clara, California-based Intel has been locked in a legal dispute with the EU’s antitrust unit.
“There is finally a degree of common sense creeping in,” said Oliver Bretz, a lawyer at Euclid Law in London. In the Intel case that means “to require that rebates have to be capable or likely to have anticompetitive effects, based on the evidence”.
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