What is the case-law underpinning the Commission’s case?
The legal underpinning of the Commission’s case is based on a consistent pattern of Court jurisprudence, including Case 85/76 Hoffmann-La Roche v Commission, Case T-203/01 Michelin v Commission, Case C-95/04 British Airways v Commission, Joined Cases T-24/93 and others, Compagnie Maritime Belge v Commission and Case T-228/97, Irish Sugar. Has the Commission applied its Guidance Paper on its enforcement priorities in applying Article 82? Formally, the Guidance Paper does not apply to this case since proceedings were initiated before it was issued. The Decision is nevertheless in line with the orientations set out in the guidance paper, and includes a rigorous, effects-based analysis which has demonstrated that Intel’s conduct has reduced consumer choice and limited innovation in the market. Intel is a US company. What gives the European Commission authority to decide whether its behaviour is legal or not? Intel sells its products inter alia in the European Union, which is one of its mai
