The judgment of the General Court in the Intel case and the opinion of the Advocate General in the Post Danmark case: a reconsideration of the policy of the European Commission?

TEU, 12.06.2014, T-286/09
Intel / Commission

Opinion of Advocate General Kokott, C-23/14
Post Danmark A/S

​​I. Introduction

1. On 12 June 2014, the General Court of the European Union (hereinafter the GC) delivered an important judgment in the case Intel.¹¹TEU, 12 June 2014, Intel / Commission, T-286/09 , not yet published. Indeed, this judgment could have a significant impact on the European Commission‘s policy in the matter of abuse of dominance in case of loyalty rebates. On 21 May 2015, the Advocate General Kokott delivered an opinion in the Post Danmark case²²See CEU, 21 May 2015, Opinion of Advocate General Kokott, Post Danmark A/S, C-23/14 . and clarified a few consequences of the approach adopted in this judgment, without referring to it.