Intel and the rebirth of the economic approach to EU competition law

IIC. INTERNATIONAL REVIEW OF INDUSTRIAL PROPERTY AND COPYRIGHT LAW, 2018
Colangelo, Giuseppe; Maggiolino, Mariateresa
Abstract

The Intel ruling wi ll significantly affect EU competition law. It confirmsthat there cannot be per se violations of Art. 102 TFEU and that, once the Com-mission follows a specific test in assessing the anticompetitive nature of a unilateralconduct, the reviewing courts cannot overlook that test. In addition, Intel gives somehints as to the rules governing the burden and the standard of proof that should beapplied to show that monopolistic behaviors are anticompetitive.