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Chronicles

The story behind the story

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The EU's General Court sides with Qualcomm over the European Commission's $1.05B fine from 2018 for allegedly paying Apple to use only Qualcomm chips

U.S. chipmaker Qualcomm (QCOM.O) on Wednesday won its fight against a 997-million-euro ($1.05 billion) fine imposed by EU antitrust … Source: Court of Justice of the European Union .

Reuters Foo Yun Chee

Context & Ripple Effects

The Commission's 2018 case alleged that Qualcomm paid Apple to buy LTE baseband chipsets exclusively, resulting in the €997M exclusivity fine. The annulment removes that particular infringement finding, while the Commission's separate 2019 case concerned Qualcomm's 3G chip pricing.

The dispute later reached a practical endpoint when regulators declined to appeal the annulment. It also sits alongside a later Intel decision in which the EU court found regulators had not proved illegal rebates.

First-order effects

  • Qualcomm no longer faces the €997 million penalty attached to the Apple LTE-chip purchasing case, and the Commission's 2018 decision is annulled.
  • Apple is no longer associated with an active EU infringement finding over alleged payments for exclusive Qualcomm LTE-chip purchases.

Second-order effects

  • The Commission loses a major penalty in this case while its distinct €242 million finding over Qualcomm's 3G chip pricing remains a separate enforcement matter.
  • Qualcomm's chipset rivals lose an upheld EU ruling they could have cited as regulatory validation of the alleged Apple exclusivity arrangement.

Third-order effects

  • The Qualcomm result and the later Intel fine reversal point to tighter judicial scrutiny of the evidence underpinning EU dominance cases involving rebates or exclusivity arrangements.
  • If that scrutiny persists, the Commission will need enforcement cases that more clearly demonstrate anticompetitive effects rather than rely on the existence of preferential purchasing terms alone.

The trend: EU competition enforcement is increasingly shaped by appellate courts' scrutiny of whether the Commission has proved harm in dominant-firm rebate and exclusivity cases.

Discussion

  • @jcbcp Jacob Parry on x
    Major setback for @EU_Competition fresh off its Intel loss as the EU General Court annuls its €1b fine against Qualcomm citing procedural irregularities and its analysis of effects. Same chamber will rule on Google Android in September (h/t @P_Carmen_) https://curia.europa.eu/...
  • @lewis_crofts Lewis Crofts on x
    And here's the @Qualcomm response: “We are pleased with the General Court's decision.”
  • @eucourtpress @eucourtpress on x
    #EUGeneralCourt annuls the @EU_Commission decision imposing approximately €1 billion fine on @Qualcomm for abuse of dominance on the #microprocessor market @Apple 👉 https://curia.europa.eu/...
  • @lewis_crofts Lewis Crofts on x
    Huge win for @Qualcomm at the EU courts, overturning a 1bn fine imposed by @EU_Competition for rebates to Apple. Very rare for a case like this to be annulled. Judges found procedural problems and faulted the EC's analysis of exclusion/effects. #antitrust