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ECJ: General Court must consider Intel arguments for rebates

September 6, 2017, Global Competition Review

Kevin Coates is quoted in a Global Competition Review article regarding the CJEU's judgment in the Intel abuse-of-dominance case, which now returns to the general court. According to Coates, the ruling incrementally moves the case law, requiring the enforcer to apply the AEC analysis if the defendant brings evidence forward in the administrative procedure, but there seems to be no burden on the commission to engage in that analysis when it initially brings the case.

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