The Intel Case: Issues Of Economic Analysis, Comity And Procedural Fairness

By Luis Ortiz Blanco & José Luis Azofra Parrondo

The Court of Justice’s judgment in the Intel case has provoked mixed reactions as it gathers important points of law in three relevant fields of EU competition practice. First, the Court may have laid the foundations for a more demanding economic analysis in abuse of dominant position cases. Second, it has confirmed that the Commission’s territorial jurisdiction has very flexible boundaries, in what represents an expansive reading of the European Union’s competences under public international law. And third, it has set a stricter standard for the conduction of meetings in the context of antitrust investigations.