The law
Does the Commission's Decision seek to protect competitors?
No, the Commission acts in the interests of consumers. The Commission does not look at the specific interests of individual companies, but is charged with ensuring that competition on the merits is safeguarded. This creates an environment where consumers can benefit and where innovation can flourish.
What is the case-law underpinning the Commission's case?
The legal underpinning of the Commission's case is based on a consistent pattern of Court jurisprudence, including Case 85/76 Hoffmann-La Roche v Commission, Case T-203/01 Michelin v Commission, Case C-95/04 British Airways v Commission, Joined Cases T-24/93 and others, Compagnie Maritime Belge v Commission and Case T-228/97, Irish Sugar.
Has the Commission applied its Guidance Paper on its enforcement priorities in applying Article 82?
Formally, the Guidance Paper does not apply to this case since proceedings were initiated before it was issued. The Decision is nevertheless in line with the orientations set out in the guidance paper, and includes a rigorous, effects-based analysis which has demonstrated that Intel's conduct has reduced consumer choice and limited innovation in the market.
Intel is a US company. What gives the European Commission authority to decide whether its behaviour is legal or not?
Intel sells its products inter alia in the European Union, which is one of its main markets in the world. It must therefore respect EU antitrust rules in the same way that European companies must respect US law when operating on the other side of the Atlantic.
Did the Commission co-operate with the United States on this case?
The Commission and the United States Federal Trade Commission have kept each other regularly and closely informed on the state of play of their respective Intel investigations. These discussions have been held in a co-operative and friendly atmosphere, and have been substantively fruitful in terms of sharing experiences on issues of common interest.
