The judgments of the General Court in the Intel case and of the Court of Justice in the Post Danmark II case: more clarity on the legal standard?

Descriptors: CEU, 6 Oktober 2015, Post Danmark AIS, C-23/14 ; TEU, 12 June 2014, Intel / Commission, T-286/09 .

Norms: Article 102 TFEU

​​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 6 October 2015, the Court of Justice delivered a judgment in the Post Danmark II case²²See CEU, 6 October 2015, Post Danmark A/S, C-23/14 , not yet published. and clarified a few consequences of the approach adopted in the Intel judgment, without referring to it.