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General Court Upholds Fine on Qualcomm for Abusing Dominant Position

17.09.2024 | 🇪🇺 Court of Justice of the EU

The General Court largely upholds a fine of approximately €238.7 million imposed on Qualcomm by the European Commission for abusing its dominant position in the market.


The General Court upheld a fine of approximately €238.7 million imposed on Qualcomm by the European Commission for abusing its dominant position in the market. Qualcomm, a US company operating in cellular and wireless technologies, was found to have abused its dominant position by supplying chipsets below cost prices to key customers to eliminate a competitor.

The Commission's investigation, initiated based on a complaint by the British company Icera, found that Qualcomm held a dominant position in the market for slim and integrated baseband chipsets compliant with the UMTS standard. The Commission concluded that Qualcomm's actions were aimed at eliminating its main competitor, Icera.

Qualcomm challenged the fine, raising procedural irregularities and errors of assessment. The General Court rejected all but one plea, partially reducing the fine amount. The Court disagreed with Qualcomm's arguments on market definition, cost benchmarks, and the 'as-efficient competitor' test.

The Court found that the Commission provided sufficient evidence of Qualcomm's intention to eliminate Icera from the market. It also criticized the Commission for departing from its guidelines in calculating the fine, ultimately setting it at €238,732,659.

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