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Abuse of Dominance Corporate Counsel European Court of Justice (ECJ)

McDermott Will & Emery

The Re-Awakening of a Once-Dormant Tool?

McDermott Will & Emery on

The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more

Jones Day

Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition

Jones Day on

The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more

Sheppard Mullin Richter & Hampton LLP

Takeaways from the Intel Judgment on the Legality of Exclusivity Rebates in the EU

According to the longstanding case law of the Court of Justice of the European Union (the “Court”), rebates which are conditional upon a purchaser buying all or most of its requirements from a dominant supplier (so called...more

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