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General Court Annuls European Commission's Decision Which Imposes Fine On Intel

The General Court of the European Union, on Wednesday, said it annuls in part the Commission decision imposing a fine of 1.06 billion euros on Intel. The company was fined on 13 May 2009 for having abused its dominant position on the worldwide market for x86 2 processors 3 between October 2002 and December 2007, by implementing a strategy intended to exclude competitors from the market.

Also, the General Court noted that it is not in a position to identify the amount of the fine which relates solely to the naked restrictions. As a result, the General Court has decided to annul in its entirety the article of the contested decision which imposes fine on Intel.

"The analysis carried out by the Commission is incomplete and, in any event, does not make it possible to establish to the requisite legal standard that the rebates at issue were capable of having, or were likely to have, anticompetitive effects, which is why the General Court annuls the decision, in so far as it finds that those practices constitute an abuse within the meaning of Article 102 TFEU," the General Court stated.

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