It is time to get deeper into the frenzy of the judgment in Case T-286/09 Intel which we summarised very quickly here in our first post on the case. Let us start by looking at the characterisation of rebate schemes by the General Court.

The big question which is on lots of people’s minds is where the judgment leaves the more “economic approach” adumbrated by the Commission in its Guidance on the Commission’s enforcement priorities in applying Article 82 [EC] to abusive exclusionary conduct by dominant undertakings (OJ 2009 C 45 p. 7; ‘the Article 82 Guidance’) ?

The Court answers that question in two parts. Continue reading →