Monday, July 13, 2009
Posted by D. Daniel Sokol
Bob Lande (Baltimore Law) analyzes The Price of Abuse: Intel and the European Commission Decision.
ABSTRACT: The May 13, 2009 decision by the European Commission (“EC”) holding
that Intel violated Article 82 of the Treaty of Rome and should be
fined a record amount and prohibited from engaging in certain conduct,
set off a predictable four part chorus of denunciations:
1. Intel did nothing wrong and was just competing hard;
2. Intel’s discounts were good for consumers;
3. The entire matter is just another example of Europeans protecting their own against a more efficient U. S. company; and
4. Even if Intel did engage in anticompetitive activity, the fine was much too large.
These assertions will be addressed in turn.