Case T- 286/09 Intel v Commission (rebates and loyalty payments) [Archived]
Case T- 286/09 Intel v Commission (rebates and loyalty payments) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case T- 286/09 Intel v Commission (rebates and loyalty payments) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 12 June 2014; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

NOTE—appeal lodged by Intel at Court of Justice in Case C- 413/14 P

Case facts

Outline Appeal to the General Court seeking annulment or reduction in fines regarding the Commission's decision of 13 May 2009 finding an abuse of a dominant position contrary to Article 82 EC (now Article 102 TFEU) and Article 54 EEA Agreement and imposing a record individual fine on Intel of €1.06bn for the alleged infringement committed between October 2002 and December 2007.

On 12 June 2014, the General Court dismissed Intel's action in its entirety.

This matter is notable, not only because of the record level of fine imposed, but also in terms of indicating where things stand (and how matters might develop going forward) regarding a forms-based vs effects-based approach to assessing (under Article 102 TFEU) rebates specifically and exclusionary abuses more generally.

Parties Applicant: Intel Corp (Intel)

Defendant: European Commission

Intel is a US company which designs, develops, manufactures, and markets central processing units (CPUs), ‘chipsets’ and other semiconductor components,