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Intel and the Future of Article 102

Hans Zenger, CRA Competition Memo, 2014

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The Intel case has been considered a “test case” for the Commission’s effects-based approach toward single-firm conduct, which it had set out in its 2009 Guidance Paper.3 The prior case law had largely been form-based and operated with strong legal presumptions, leaving little room for an analysis of the competitive nature of potentially exclusionary conduct.

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