The most irritating competition law decision of the year, in my opinion, has been the Court of Justice’s judgment on Intel. Although there are clearly some welcome points made in the judgment (eg the reaffirmation that the purpose of Article 102 TFEU is not about protecting the less-efficient competitors of the dominant undertaking), the ultimately crucial paragraphs of the judgment for the law on rebates leave much to be desired (see eg paras 137 et seq). They are unclear and imprecise, even regarding the scope of their applicability. It is a pity that the Court did not follow the example of clarity and coherence set by AG Wahl’s opinion in this case more closely.
Prof. Dr. Pinar Akman is a Professor of Law specialising in competition law and Director of the Centre for Business Law and Practice at the School of Law, University of Leeds.