EU Court Maintains Tough Stance Against Business Practices by Firms With Strong Market Power

By on June 16, 2014
Posted In EC Developments

The European Union’s court of first instance, the General Court, has confirmed the Commission’s decision in Intel and upheld a record fine of €1.06 billion. In so doing, it condemned a number of Intel’s business practices, including loyalty rebates. The General Court’s approach suggests that it views exclusionary business practices by a company in a position of dominance as anti-competitive by their very nature. On this basis, it is likely that the courts will continue to assess allegations of antitrust infringements by dominant companies without taking into account their effects on the market, and might condemn conduct that may not, in fact, be harmful.

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David HenryDavid Henry
David Henry is a practising UK barrister, whose practice focuses on European competition law, including merger control, cartels and abuse of dominance, and the interaction between antitrust and intellectual property. He represents companies and trade associations in the aluminium, air transport, car parts, chemicals, electronics, medical devices, pharmaceuticals, power generation, food retailing and financial services and payment systems sectors. He also advises clients in proceedings before the European courts and national competition authorities. David also has considerable experience in export control matters, dispute resolution and white-collar crime. Read David Henry's full bio.

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