Europe’s top court rules for Intel in long-running case

The European Court of Justice has upheld the annulment of a €1.06 billion fine against Intel levied by the European Commission in 2009.

The decision brings to an end a long running dispute between the microprocessor giant and the European Commission over allegations that it abused its dominant position by awarding rebates to computer makers in exchange for using its microprocessors.

Intel, which employs nearly 5,000 people in Ireland, appealed the record 2009 fine.

The appeal was dismissed by the EU’s General Court in 2014 and Intel appealed that decision to the higher ECJ.

The ECJ sent the case back to the General Court for further consideration and in January 2022, the General Court concluded that the Commission’s original decision was based on an incomplete analysis, arguing that it failed to establish a legal standard that rebates were likely to distort the chips market.

The Commission in turn appealed that ruling, and today the ECJ found against the Commission.

The 2009 fine was imposed after the Commission alleged that Intel had abused its dominant position in the market for microprocessors known as x86 CPUs.

The Commission alleged that Intel had wholly or partially provided hidden rebates to computer manufacturers on the condition that they bought all, or almost all, their x86 CPUs from Intel.

Brussels also accused the company of paying manufacturers to halt or delay the launch of specific products which contained microchips made by Intel’s competitors.

In its judgment today, the ECJ rejected all of the grounds of appeal raised by the Commission over the General Court’s annulment of the €1.06 billion fine.