The European Commission then drew attention to Intel’s attempts to limit AMD in competition: Intel offered huge discounts to leading computer manufacturers such as Dell, Hewlett-Packard, NEC and Lenovo if its chips were preferred.
In different countries, companies are subject to serious sanctions due to such practices and even initiatives. But the companies argue that authorities must prove that these discounts are anti-competitive before imposing any sanctions. As a result, a lower court overturned the penalty in 2022, prompting the EU Competition Commissioner to appeal to the Court of Justice of the European Union (CJEU) in Luxembourg.
And Laila Medina sided with Intel in considering the case because she believes the European Commission’s “competitor effectiveness” analysis leaves question marks. According to him, there is no clear answer as to whether Intel’s pricing is inappropriate and affects its competitiveness relative to rivals with similar costs.
In doing so, Chief Prosecutors of the Court of Justice of the European Union play the unusual role of providing independent, non-binding legal opinions on cases; judges can then take these into account when making their decisions.
Source: Ferra
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