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High-Tech Law & Litigation Blog

  • 07
  • September
  • 2017


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European Court of Justice Says the General Court Cannot Take Shortcuts in 18-Year-Old Antitrust Case

On September 6, 2017, the European Court of Justice (“ECJ”) reversed a 2014 General Court decision upholding the European Commission’s €1.06 billion judgment against chip maker Intel. But the ECJ reversed the General Court, concluding that it failed to take into account some of the argument put forth by Intel. The ECJ effectively held that the General Court had taken an inappropriate shortcut and has ordered the General Court to reconsider Intel’s As-Efficient competitor (“AEC”) arguments. While the ECJ was concerned that all arguments were not addressed, none of the European institutions involved in this matter appear to be concerned about a process that is now about to leave its adolescence, going into its eighteenth year. One wonders about the efficacy of an antitrust process that requires eighteen years to adjudicate.

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Jennifer C. Chen

Jennifer C. Chen Partner

Devika Kornbacher

Devika Kornbacher Partner

Marc A. Fuller

Marc A. Fuller Counsel

Thomas W. Bohnett

Thomas W. Bohnett Senior Associate

Megan Coker

Megan Coker Senior Associate

Trey Hebert

Trey Hebert Associate

Howard Lithaw Lim Senior Associate

Elizabeth Krabill McIntyre

Elizabeth Krabill McIntyre Senior Associate

David C. Smith

David C. Smith Counsel

Margaret D. Terwey

Margaret Dunlay Terwey Senior Associate

Ryan B. Will

Ryan Will Associate

Siho (Scott) Yoo

Siho (Scott) Yoo Senior Associate