Official Journal of the European Union

C series

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C/2024/6421

(Case T-671/19)

(Competition - Abuse of dominant position - Market for UMTS baseband chipsets - Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement - Predatory pricing - Competence of the author of the act - Rights of the defence - Definition of the relevant market - Dominant position - Abuse - Reconstruction of prices - Determining the cost benchmark - Price-cost test - No requirement to demonstrate the existence of actual effects - Intention to eliminate a competitor - Objective justification - Calculation of the fine - 2006 Guidelines on the method of setting fines - Value of sales - Additional amount - Unlimited jurisdiction)

(C/2024/6421)

Language of the case: English

Parties

Applicant: Qualcomm, Inc. (San Diego, California, United States) (represented by: M. Davilla, M. Pinto de Lemos Fermiano Rato, M. English and A. Kontosakou, lawyers)

Defendant: European Commission (represented by: H. van Vliet, G. Conte, M. Farley and C. Urraca Caviedes, acting as Agents)

Intervener in support of the defendant: Nvidia Corp (Dover, Delaware, United States) (represented by: M. Dolmans, lawyer, P. Stuart, Barrister-at-Law and W. Lin, Solicitor)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2019) 5361 final of 18 July 2019 relating to a proceeding under Article 102 TFEU and Article 54 of the EEA Agreement (Case AT.39711 – Qualcomm (predation)) or, failing that, the cancellation or reduction of the fine imposed on it in that decision.

Operative part of the judgment

The Court:

1.Annuls Article 2 of Commission Decision C(2019) 5361 final of 18 July 2019 relating to a proceeding under Article 102 TFEU and Article 54 of the EEA Agreement (Case AT.39711 – Qualcomm (predation));

2.Sets the amount of the fine imposed on Qualcomm Inc. in Article 2 of that decision, for the infringement it committed, as results from Article 1 of that decision, at EUR 238 732 659,33;

3.Dismisses the action as to the remainder;

4.Orders Qualcomm to bear nine tenths of its own costs and to pay nine tenths of the European Commission’s costs and to pay all the costs of Nvidia Corp;

5.Orders the Commission to bear one tenth of its own costs and to pay one tenth of Qualcomm’s costs.

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Language of the case: English.

ELI: http://data.europa.eu/eli/C/2024/6421/oj

ISSN 1977-091X (electronic edition)

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ECLI:EU:C:2025:140

15

JUDGMENT OF 6. 3. 2025 – CASE C-41/24 WALTHAM ABBEY RESIDENTS ASSOCIATION

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Language of the case: English.