Monitoring References to the Court of Justice of the European Union
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6 case reports
The Dutch competition authority fined Samsung for steering retailers' television prices. Samsung says a vertical restriction can only be 'by object' if it harms competition between brands, not just between its own dealers. The Netherlands' highest administrative court asks the Court of Justice whether intra-brand harm is enough.
Intel's €1.06 billion fine of 2009 was annulled in 2022 on the rebates; what survived were the 'naked restrictions' — payments to HP, Acer and Lenovo to delay or drop AMD-based products. The Commission re-fined those at €376 million in 2023, the General Court cut it to €237 million in December 2025, and Intel now appeals what is left.
The Commission fined Qualcomm €242 million for selling baseband chipsets to Huawei and ZTE below cost to squeeze out Icera. The General Court trimmed the fine and upheld the rest. Qualcomm's seven-plea appeal is the Court's first chance in over a decade to say how predatory pricing is proved — and whether effects must be shown.
By judgment of 14 September 2017 (ECLI:EU:C:2017:689) the Court ruled, in the words of the operative part: “1.
If the social partners agree to award an undertaking the exclusive right to administer an insurance scheme that benefits employees in a particular sector of the French economy, then does Article 56 TFEU’s transparency obligation apply before the relevant French Minister can declare the collective…
On 27 February 2014 the Court ruled (ECLI:EU:C:2014:110) that a spa establishment transmitting broadcasts to televisions in guest rooms performs a communication to the public, and that no health-establishment exception can excuse it.