European Union: Issued Opinion by Advocate General in Commission Appeal against Intel over Alleged Abuse of Dominant Position (Intel v Commission)

On 18 January 2024, the Advocate General of the Court of Justice of the European Union (CJEU) issued an opinion on the EU Commission’s appeal challenging General Court’s 2022 annulment of a EUR 1.06 billion fine originally imposed in 2009 by the European Commission on Intel. In two of its grounds of appeal, the Commission argues that the General Court made legal errors and violated the Commission's right of defence in examining the as-efficient-competitor (AEC) test concerning Hewlett-Packard (HP) and Lenovo Group. Regarding the appeal concerning HP, the Advocate General recommends the dismissal of the Commission's claims and supported the General Court's judgment that the contested decision did not prove the foreclosure effect of Intel's rebates to HP. Furthermore, the Commission challenges the General Court's assessment of non-cash advantages given by Intel to Lenovo. The Advocate General supports the General Court's conclusion that the Commission's assessment of these advantages was based on an assumption contrary to the AEC test's foundation. The Advocate General's Opinion is not binding and only proposes a legal solution to the case brought before the court. The Court of Justice will issue the final judgment on the case.