European Court of Justice endorses effects-based approach to Article 102

The European Court of Justice has today delivered its much anticipated judgment in the case of Intel v Commission, rejecting the controversial finding of the General Court that exclusivity rebates are per se abuses of dominance. The judgment provides welcome clarity for dominant firms, applying an effects-based approach for all types of rebates and removing the formalistic exception that the European Commission and General Court applied to exclusivity rebates. The judgment also clarifies that the Commission must record interviews it undertakes during its antitrust investigations and settles a long-running question about the territorial scope of the Commission’s jurisdiction.