The General Court of the European Union has largely upheld the European Commission’s 2023 decision finding that Intel infringed EU competition law, while partially reducing the level of the financial penalty imposed on the company.
The case forms part of a long-running dispute between Intel and the European Commission concerning alleged abuses of a dominant position in the x86 microprocessor market. The proceedings originate from a 2009 Commission decision in which the Commission concluded that Intel had engaged in exclusionary practices designed to foreclose its main competitor, AMD, and imposed a fine of €1.06 billion.
Following a complex procedural history, including partial annulment by the General Court of the European Union and confirmatory rulings by the Court of Justice of the European Union, the Commission adopted a revised decision on 22 September 2023. That decision focused exclusively on so-called “naked restrictions” imposed by Intel on computer manufacturers, notably HP, Acer and Lenovo, which restricted their use of AMD processors.
Intel sought annulment of the 2023 decision in whole or in part and requested cancellation or reduction of the fine. The Commission asked for the application to be dismissed.
In its judgment, the General Court confirmed that the Commission remained competent to impose penalties in relation to the “naked restrictions,” including those involving Acer and Lenovo. The Court held that, since the existence of the anticompetitive conduct had already been definitively established by previous EU court rulings, the Commission was not required to reopen its jurisdictional assessment or redefine the infringement. It was sufficient to recalculate the fine on the basis of the conduct that remained legally established.
The Court also rejected Intel’s procedural arguments, including claims of insufficient reasoning, the alleged need for a new statement of objections, and purported infringements of rights of defence. According to the Court, the procedural context was well known to Intel, and the Commission had adequately explained both the methodology for calculating the fine and the rationale for focusing on the “naked restrictions”.
However, exercising its unlimited jurisdiction, the General Court adjusted the level of the fine. While it agreed with the Commission’s assessment of the gravity and duration of the infringement — taking into account the manifestly anticompetitive nature of the conduct, Intel’s dominant position and the overarching strategy aimed at excluding AMD — it considered that the Commission had insufficiently reflected two mitigating factors: the relatively limited number of computers affected and a 12-month gap between certain restrictive practices.
Accordingly, the General Court reduced the fine from €376,358,000 to €237,105,540, representing a reduction of approximately €140 million.