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In 2009, the European Commission made a significant ruling stating that Intel had violated antitrust laws within the European Union, resulting in a hefty fine of €1.06 billion (approximately US$1.44 billion at that time). This decision marked the beginning of a lengthy and complex 15-year journey.

Recently, this saga reached its conclusion when the European Court of Justice rejected the Commission’s appeal against a previous ruling in favor of Intel, mandating that the Commission cover all associated costs. As a result, Intel is now relieved from the monetary penalty, which is now equivalent to US$1.15 billion based on current exchange rates.

The conflict originated from an investigation into Intel’s potentially anti-competitive behaviors, which led to the 2009 ruling that accused the company of employing tactics to sideline its competitors in the semiconductor industry. This included offering rebates to computer manufacturers contingent upon purchasing all or most of their processors exclusively from Intel.

As part of its ruling, the Commission imposed the fine on Intel and directed the company to immediately halt any illegal business practices identified.

Intel promptly announced its intention to file an appeal.

Back in 2014, Intel faced challenges when it lost its appeal against a ruling, leading the EU’s General Court to demand compliance with the stipulations of a 2009 judgement. Nevertheless, Intel had a two-month window to contest the ruling on legal grounds and subsequently lodged an appeal with the Court of Justice.

By 2017, the Court of Justice overturned the earlier judgement made by the Commission, stating that the General Court had failed to consider all of Intel’s claims as was necessary. The Court consequently annulled the General Court’s ruling due to this oversight, sending the case back for reevaluation “to assess, considering the arguments put forth by Intel, whether the disputed rebates might restrict competition.”

However, this did not mark the conclusion of the matter.

In 2022, the General Court carefully assessed the arguments presented by both parties and determined, “the analysis performed by the Commission is inadequate and, in any case, does not sufficiently establish that the rebates in question were capable of producing or likely to produce anticompetitive effects, which is why the General Court annuls the decision.”

While only annulling a portion of its initial decision, the court found itself unable to determine the specific amount of the fine assigned to that annulled segment versus the part it upheld, leading to the decision to cancel the entire fine.

The Commission expressed discontent with this verdict and, with backing from the Federal Republic of Germany, lodged an appeal.

This brings us to the current ruling, which overturned the fine and mandated that Germany and the Commission bear their own costs, as well as those incurred by Intel and its interveners, the Association for Competitive Technology and the French consumer rights organization Union Fédérale des Consommateurs – Que Choisir.

Following the announcement of the decision, Intel released a succinct statement expressing satisfaction with the ruling made by the Court of Justice of the European Union, indicating their relief at moving past this segment of the case.

Although the ruling was positive for Intel, experts believe the company still faces challenges ahead.

“Any moment when you avoid paying a €1.06 billion fine is certainly a positive one. For a troubled technology leader like Intel, you’d expect this to be a fantastic day!” remarked John Annand, practice lead at Info-Tech Research Group, in an email. “Intel has been battling several challenges recently, including ongoing issues with chip defects in their premium processors, disappointing quarterly results, and quality control issues affecting their manufacturing operations. These very fabrication plants that Pat Gelsinger identifies as crucial to Intel’s future success and has successfully secured US Federal funding to establish on American soil. It could indeed reflect poorly if Intel were perceived as utilizing US government funds to settle a fine from the European Union.”

Anshel Sag, VP and principal analyst at Moor Insights & Strategy, added that demonstrating substantial competitive harm would have been a significant hurdle.

“While I think European regulators truly aim to protect consumer interests, there are instances where their approach appears overly zealous,” Sag mentioned in an email. “One of the intentions behind the ruling seems to be to foster better competition and create a fairer environment. With AMD, Nvidia, and Qualcomm providing real competition to Intel, demonstrating the long-term effects of certain policies may prove challenging. Nevertheless, it’s intriguing that this issue lingered in the courts for so long, resulting in what must be exorbitant legal expenses.”

Even though Intel has ultimately succeeded, Annand noted that the company has significant challenges ahead in the current market landscape.

“It’s not solely a positive outcome. Intel contested this verdict back in 2009, claiming that ‘the reality of a highly competitive marketplace, marked by continuous innovation, enhanced product performance, and reduced prices,’ was evident,” he observed. “How accurate that statement was! Who could have predicted in 2009 what the present market would look like? Nvidia, Arm, Qualcomm, TSMC, and even Broadcom are all competing against and surpassing what was once thought to be a monopolistic entity.”


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