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Case T-235/18: Judgment of the General Court of 15 June 2022 — Qualcomm v Commission (Qualcomm — exclusivity payments) (Competition — Abuse of a dominant position — LTE chipsets market — Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement — Exclusivity payments — Rights of the defence — Article 19 and Article 27(1) of Regulation (EC) No 1/2003 — Foreclosure effects)
ECLI:EU:UNKNOWN:62018TA0235
62018TA0235
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Official Journal of the European Union
C 294/20
(Case T-235/18)
(Competition - Abuse of a dominant position - LTE chipsets market - Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement - Exclusivity payments - Rights of the defence - Article 19 and Article 27(1) of Regulation (EC) No 1/2003 - Foreclosure effects)
(2022/C 294/28)
Language of the case: English
Parties
Applicant: Qualcomm Inc. (San Diego, California, United States) (represented by: M. Pinto de Lemos Fermiano Rato, M. Davilla and M. English, lawyers)
Defendant: European Commission (represented by: N. Khan, A. Dawes and C. Urraca Caviedes, acting as Agents)
Re:
By its action based on Article 263 TFEU, the applicant, Qualcomm Inc., seeks annulment of Commission Decision C(2018) 240 final of 24 January 2018 relating to proceedings under Article 102 [TFEU] and Article 54 of the [EEA Agreement] (Case AT.40220 — Qualcomm (Exclusivity payments)), by which the European Commission found that Qualcomm had abused its dominant position from 25 February 2011 to 16 September 2016 (‘the period concerned’) and imposed on it a fine of EUR 997 439 000 (‘the contested decision’).
Operative part of the judgment
The Court:
1.Sets aside Commission Decision C(2018) 240 final of 24 January 2018 relating to proceedings under Article 102 [TFEU] and Article 54 of the [EEA Agreement] (Case AT.40220 — Qualcomm (Exclusivity payments));
2.Orders the European Commission to pay the costs.
(1) OJ C 190, 4.6.2018.