By Foo Yun Chee
BRUSSELS, Dec 10 (Reuters) – U.S. chipmaker Intel lost its challenge against a 376 million euros ($438 million) EU antitrust fine imposed two years ago for thwarting rivals but gained some solace as Europe’s second-highest court slashed the penalty by a third on Wednesday.
The European Commission, which acts as the EU competition enforcer, handed out the fine in 2023 after the tribunal threw out its earlier penalty of 1.06 billion euros imposed in 2009 for blocking Advanced Micro Devices.
The 376 million euro fine concerned payments made by Intel to HP, Acer and Lenovo to halt or delay rival products between November 2002 and December 2006.
Such payments are known as naked restrictions and are generally frowned on by regulators.
“The General Court upholds the Commission’s 2023 decision against Intel but reduces the fine by approximately 140 million euros,” the Luxembourg-based tribunal said.
Judges said a 237 million euro fine is a more appropriate reflection of the gravity and duration of the infringement at issue.
They pointed to the relatively limited number of computers affected by Intel’s restrictions and the 12-month gap separating some of those anti-competitive practices.
The Commission and Intel can appeal to the EU Court of Justice, Europe’s highest, on points of law.
The case is T-1129/23 Intel Corporation v Commission.
($1 = 0.8593 euros)
(Reporting by Foo Yun CheeEditing by Louise Rasmussen and Frances Kerry)
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