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Case C-240/22 P: Judgment of the Court (Fifth Chamber) of 24 October 2024 – European Commission v Intel Corporation Inc., Association for Competitive Technology Inc., and Others (Appeal – Competition – Abuse of dominant position – Microprocessors market – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Loyalty rebates – Characterisation as abuse – Strategy aiming to exclude competitors that are at least as efficient as the dominant undertaking from the market)

ECLI:EU:UNKNOWN:62022CA0240

62022CA0240

October 24, 2024
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Official Journal of the European Union

C series

C/2025/32

6.1.2025

(Case C-240/22 P)

(Appeal - Competition - Abuse of dominant position - Microprocessors market - Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement - Loyalty rebates - Characterisation as abuse - Strategy aiming to exclude competitors that are at least as efficient as the dominant undertaking from the market)

(C/2025/32)

Language of the case: English

Parties

Appellant: European Commission (represented by: initially, F. Castillo de la Torre, M. Kellerbauer, N. Khan and C. Sjödin, subsequently, F. Castillo de la Torre, M. Kellerbauer and N. Khan, and, lastly, F. Castillo de la Torre and M. Kellerbauer, acting as Agents)

Other parties to the proceedings: Intel Corporation Inc. (represented by: initially, D. Beard KC, J. Williams, Barrister, and A. Parr, Solicitor, and, subsequently, by D. Beard KC, J. Williams, Barrister, and B. Meyring, Rechtsanwalt), Association for Competitive Technology Inc. (represented by: J.-F. Bellis, avocat, and K. Van Hove, advocaat), Union fédérale des consommateurs – Que choisir (UFC – Que choisir)

Intervener in support of the appellant: Federal Republic of Germany (represented by: J. Möller and P.-L. Krüger, acting as Agents)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders the European Commission to bear its own costs and to pay those incurred by Intel Corporation Inc. and by Association for Competitive Technology Inc.;

3.Orders the Federal Republic of Germany to bear its own costs and to pay those incurred by Intel Corporation Inc. and by Association for Competitive Technology Inc. in connection with the intervention.

*

Language of the case: English.

OJ C 222, 7.6.2022

ELI: http://data.europa.eu/eli/C/2025/32/oj

ISSN 1977-091X (electronic edition)

* * *

ECLI:EU:C:2025:140

15

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