This document is an excerpt from the EUR-Lex website
Document 62019TA0671
Case T-671/19: Judgment of the General Court of 18 September 2024 – Qualcomm v Commission (Qualcomm – Predation) (Competition – Abuse of dominant position – Market for UMTS baseband chipsets – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Predatory pricing – Competence of the author of the act – Rights of the defence – Definition of the relevant market – Dominant position – Abuse – Reconstruction of prices – Determining the cost benchmark – Price-cost test – No requirement to demonstrate the existence of actual effects – Intention to eliminate a competitor – Objective justification – Calculation of the fine – 2006 Guidelines on the method of setting fines – Value of sales – Additional amount – Unlimited jurisdiction)
Case T-671/19: Judgment of the General Court of 18 September 2024 – Qualcomm v Commission (Qualcomm – Predation) (Competition – Abuse of dominant position – Market for UMTS baseband chipsets – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Predatory pricing – Competence of the author of the act – Rights of the defence – Definition of the relevant market – Dominant position – Abuse – Reconstruction of prices – Determining the cost benchmark – Price-cost test – No requirement to demonstrate the existence of actual effects – Intention to eliminate a competitor – Objective justification – Calculation of the fine – 2006 Guidelines on the method of setting fines – Value of sales – Additional amount – Unlimited jurisdiction)
Case T-671/19: Judgment of the General Court of 18 September 2024 – Qualcomm v Commission (Qualcomm – Predation) (Competition – Abuse of dominant position – Market for UMTS baseband chipsets – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Predatory pricing – Competence of the author of the act – Rights of the defence – Definition of the relevant market – Dominant position – Abuse – Reconstruction of prices – Determining the cost benchmark – Price-cost test – No requirement to demonstrate the existence of actual effects – Intention to eliminate a competitor – Objective justification – Calculation of the fine – 2006 Guidelines on the method of setting fines – Value of sales – Additional amount – Unlimited jurisdiction)
OJ C, C/2024/6421, 4.11.2024, ELI: http://data.europa.eu/eli/C/2024/6421/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
Official Journal |
EN C series |
|
C/2024/6421 |
4.11.2024 |
Judgment of the General Court of 18 September 2024 – Qualcomm v Commission (Qualcomm – Predation)
(Case T-671/19) (1)
(Competition - Abuse of dominant position - Market for UMTS baseband chipsets - Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement - Predatory pricing - Competence of the author of the act - Rights of the defence - Definition of the relevant market - Dominant position - Abuse - Reconstruction of prices - Determining the cost benchmark - Price-cost test - No requirement to demonstrate the existence of actual effects - Intention to eliminate a competitor - Objective justification - Calculation of the fine - 2006 Guidelines on the method of setting fines - Value of sales - Additional amount - Unlimited jurisdiction)
(C/2024/6421)
Language of the case: English
Parties
Applicant: Qualcomm, Inc. (San Diego, California, United States) (represented by: M. Davilla, M. Pinto de Lemos Fermiano Rato, M. English and A. Kontosakou, lawyers)
Defendant: European Commission (represented by: H. van Vliet, G. Conte, M. Farley and C. Urraca Caviedes, acting as Agents)
Intervener in support of the defendant: Nvidia Corp (Dover, Delaware, United States) (represented by: M. Dolmans, lawyer, P. Stuart, Barrister-at-Law and W. Lin, Solicitor)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2019) 5361 final of 18 July 2019 relating to a proceeding under Article 102 TFEU and Article 54 of the EEA Agreement (Case AT.39711 – Qualcomm (predation)) or, failing that, the cancellation or reduction of the fine imposed on it in that decision.
Operative part of the judgment
The Court:
|
1. |
Annuls Article 2 of Commission Decision C(2019) 5361 final of 18 July 2019 relating to a proceeding under Article 102 TFEU and Article 54 of the EEA Agreement (Case AT.39711 – Qualcomm (predation)); |
|
2. |
Sets the amount of the fine imposed on Qualcomm Inc. in Article 2 of that decision, for the infringement it committed, as results from Article 1 of that decision, at EUR 238 732 659,33; |
|
3. |
Dismisses the action as to the remainder; |
|
4. |
Orders Qualcomm to bear nine tenths of its own costs and to pay nine tenths of the European Commission’s costs and to pay all the costs of Nvidia Corp; |
|
5. |
Orders the Commission to bear one tenth of its own costs and to pay one tenth of Qualcomm’s costs. |
ELI: http://data.europa.eu/eli/C/2024/6421/oj
ISSN 1977-091X (electronic edition)