The Intel antitrust decision and the EU
MLex Market Insight
MLex Market Insight
4.9 • 9 Ratings
🗓️ 8 September 2017
⏱️ 22 minutes
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| 0:00.0 | Hello, welcome back. I'm James Panicki, Mlexis Brussels Managing Editor, and with me |
| 0:10.9 | two leading lights of MNex's Brussels antitrust posse. Lewis Crofts is Mlex's chief global correspondent. |
| 0:17.2 | He covers antitrust policy and enforcement. Matthew Newman is our senior correspondent |
| 0:21.8 | and he covers antitrust and cartel investigations. That's a lot of antitrust expertise crammed into |
| 0:27.6 | one room. Lewis, Matthew, welcome back. Hi, yeah. Thank you. Now, the EU Court of Justice made a |
| 0:32.4 | decision this week, which we had expected to indicate the fate of a penalty worth over a billion euros, |
| 0:38.3 | that amount again one billion euros imposed on US chip maker Intel by the EU regulator. |
| 0:45.3 | Instead, the court caught most observers by surprise by deciding not to decide. |
| 0:51.3 | It handed the problem back to the lower tier general court, whence it had come in the first place. |
| 0:56.6 | But to quote a 1970s Canadian prog rock band, if you decide not to decide, you have still made a choice. |
| 1:03.3 | And we'll talk about what this judgment means in just a moment. |
| 1:07.1 | But Matthew, you were in Luxembourg on Wednesday for the ruling. |
| 1:11.8 | Walk us through the decision, just in very very general terms what do the judges say well it was electric atmosphere down |
| 1:17.1 | there and people were waiting for this either to be completely in line with the advocate |
| 1:24.8 | general's opinion and they weren't disappointed because the Advocate General had said that the case should be set aside and sent back to the general court. |
| 1:35.3 | And so set aside is a bit cumbersome, but it means essentially that the general court has not done a good job on this particular appeal, and they have to look at it again. |
| 1:49.0 | And I mean, it would be easy for the judges of the general court to take offense at this, because they're essentially saying, look, you haven't thought it through adequately. |
| 1:57.0 | They focused on the issue of, obviously, of rebates and that's central to this case. |
| 2:01.6 | But just take us a few steps back and just remind us what this Intel case is about. |
| 2:05.6 | Sure. |
| 2:06.6 | So what happened is the Court of Justice told the general court that they had failed to look at a very |
| 2:15.6 | important aspect of Intel's defense. |
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