On September 6, 2017, the European Court of Justice issued a landmark judgement where it set aside the judgement of the General Court in the highly debated Intel matter. This judgement is significant because it provides guidance on the treatment of exclusivity rebates under Article 102. While the General Court proposed a more formalistic approach, the ECJ judgement reinforces the need to assess the context and the size of the rebates.
In this discussion, Jorge Padilla (Head of Compass Lexecon Europe), Damien Neven (former Chief Competition Economist at the European Commission and Senior Consultant at Compass Lexecon) and Xavier Boutin (Vice President in Compass Lexecon and former member of the Chief Economist Team at the European Commission) debate:
- Whether the judgment is a positive development for European competition policy and the economy;
- Implications for future rebates cases;
- How companies under Article 102 investigation should respond to Commission concerns; and
- Whether the judgment implies that the Commission will be looking for more quantitative evidence
Click here to read the Expert Opinion.