Rebates after the General Court’s 2022 Intel judgment - Common Market Law Review View Rebates after the General Court’s 2022 Intel judgment by - Common Market Law Review Rebates after the General Court’s 2022 Intel judgment 60 1

Twenty-two years after the first complaint against Intel’s distribution strategy was received by the European Commission, the saga continues. In January 2022, the General Court annulled the Commission’s infringement decision because it had not shown that Intel’s practices foreclosed market access, but this ruling has been appealed against by the Commission. This paper reviews the General Court’s 2022 judgment, explaining the introduction of a new approach to analysing rebates, its operationalization, and what this new approach means for the application of Article 102 TFEU to the conduct of dominant undertakings.

Common Market Law Review