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Scientific paper - Original scientific paper
EU Competition Law in the Digital Era: What to Tell About Intel?
In: EU Law in Context, Adjustment to Membership and Challenges of the Enlargement (ECLIC). PublisherUniversity Josip Juraj Strossmayer of OsijekFaculty of law Osijek, 2018. pp. 31-62. https://doi.org/10.25234/eclic/7098
Butorac Malnar, Vlatka; Kunda, Ivana

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Butorac Malnar, V. & Kunda, I. (2018). EU Competition Law in the Digital Era: What to Tell About Intel?. EU Law in Context, Adjustment to Membership and Challenges of the Enlargement (ECLIC) (pp. 31-62). PublisherUniversity Josip Juraj Strossmayer of OsijekFaculty of law Osijek. doi: 10.25234/eclic/7098

Butorac Malnar, Vlatka and Ivana Kunda. "EU Competition Law in the Digital Era: What to Tell About Intel?." EU Law in Context, Adjustment to Membership and Challenges of the Enlargement (ECLIC), PublisherUniversity Josip Juraj Strossmayer of OsijekFaculty of law Osijek, 2018, pp. 31-62. https://urn.nsk.hr/urn:nbn:hr:118:246651

Butorac Malnar, Vlatka and Ivana Kunda. "EU Competition Law in the Digital Era: What to Tell About Intel?." In EU Law in Context, Adjustment to Membership and Challenges of the Enlargement (ECLIC), 31-62. PublisherUniversity Josip Juraj Strossmayer of OsijekFaculty of law Osijek, 2018. Accessed 2024 May 15. https://urn.nsk.hr/urn:nbn:hr:118:246651

Butorac Malnar, V. and Kunda, I. (2018) 'EU Competition Law in the Digital Era: What to Tell About Intel?', EU Law in Context, Adjustment to Membership and Challenges of the Enlargement (ECLIC), PublisherUniversity Josip Juraj Strossmayer of OsijekFaculty of law Osijek, pp. 31-62. Available at: https://urn.nsk.hr/urn:nbn:hr:118:246651 (Accessed 15 May 2024)

Butorac Malnar V, Kunda I. EU Competition Law in the Digital Era: What to Tell About Intel?. EU Law in Context, Adjustment to Membership and Challenges of the Enlargement (ECLIC). PublisherUniversity Josip Juraj Strossmayer of OsijekFaculty of law Osijek; 2018. Pp. 31-62. [cited 2024 May 15] Available at: https://urn.nsk.hr/urn:nbn:hr:118:246651

V. Butorac Malnar and I. Kunda, "EU Competition Law in the Digital Era: What to Tell About Intel?", EU Law in Context, Adjustment to Membership and Challenges of the Enlargement (ECLIC) PublisherUniversity Josip Juraj Strossmayer of OsijekFaculty of law Osijek, 2018. [Online] Available at: https://urn.nsk.hr/urn:nbn:hr:118:246651 [Accessed: 15 May 2024]

Metadata
Title (english)EU Competition Law in the Digital Era: What to Tell About Intel?
AuthorVlatka Butorac Malnar
AuthorIvana Kunda
Author's institutionUniversity of Rijeka
FACULTY OF LAW
(Chair of International Law)
Scientific / art field,
discipline and subdiscipline		SOCIAL SCIENCES
Law
International Private Law
Abstract (english)
Intel, a US-based company, was fined by the European Commission in 2009 for abusing its dominant position at the computer processor market intended to exclude its competitor AMD from that market. The penalty amounting to €1.06bn was the largest antitrust fine in the Commission’s history at the time. As the EU General Court had rejected Intel’s appeal in 2014, the matter was brought before to EU Court of Justice. The CJEU judgment, rendered in September 2017, is controversial for at least two reasons. First is the territorial reach of the EU competition law outside the EU borders, and second relates to the treatment of exclusivity rebates. With regards to the former, for the first time the CJEU confirmed the position of the Commission and the General Court regarding the extended territorial reach of the EU anti-trust legislation. Quite the opposite, the CJEU quashed the General Court ruling as to the former, arguably rejecting the traditional per se infringement of exclusivity rebates and embracing the effects-based analysis. The doctrine is somewhat divided as to whether this judgment is a much needed clarification of the two issues or it indicates a new direction in EU competition law analysis. This paper is addressing the most important ideas in the doctrinal interpretations and related arguments, and provides critical assessment of the present state of affairs. It also raises certain points relevant to the Intel judgment, which so far have not been given sufficient attention in the case comments and scholarship.
Keywords (english)
Languageenglish
Publication typeScientific paper - Original scientific paper
Publication statusPublished
Peer reviewPeer review
Publication versionPublished version
Publication titleEU Law in Context, Adjustment to Membership and Challenges of the Enlargement (ECLIC)
Numberingpp. 31-62
ISBN978-953-8109-24-9
DOIhttps://doi.org/10.25234/eclic/7098
URN:NBNurn:nbn:hr:118:246651
Publication2018
ConferenceTitle: International Scientific Conference „EU Law in Context – Adjustment to Membership and Challenges of the Enlargement
Location: Osijek, Croatia
Start date: 2018-06-14
End date: 2018-06-15
Assembly type: Lecture
Document URLhttp://bib.irb.hr/953068
Type of resourceText
PublisherPublisherUniversity Josip Juraj Strossmayer of OsijekFaculty of law Osijek
Access conditionsOpen access
Terms of useLicence In copyright icon
Created on2022-02-03 15:45:06