The Intel CJ Ruling: More Than A Nudge Towards Economic Analysis

October 2017

CPI Europe Column edited by Anna Tzanaki (Competition Policy International) & Juan Delgado (Global Economics Group) presents:

The Intel CJ Ruling: More Than A Nudge Towards Economic By Kevin Coates (Partner, Covington & Burling)

Although comparisons to Charles Dickens’ Jarndyce v Jarndyce are – as yet – unfair, the Intel case is now further away from resolution than it was a few weeks ago and it will now be competing with Air Cargo to see which will be resolved first.

This September 2017 Court of Justice judgement faulted the 2014 General Court ruling for not examining the totality of the evidence on which the Commission relied on in 2009 when it concluded that Intel had abused its dominant position by using anti-competitive loyalty rebates. So the case now goes back to the General Court, and a resolution looks unlikely before a new General Court ruling in 2020, and possibly not even then if the losing party in front of the General Court chooses again to appeal to the Court of Justice.

So this judgement is probably more the beginning of the end of the case than the end of the beginning, but there are still opportunities for conferences and debates stretching for some years yet. Joy.

What have we learned so far?

First, although Advocate General Wahl is not always followed by the Court, it is the way to bet. AG Wahl recommended that the case be referred back to the General Court for fuller consideration of the economic analysis, and it n