Intel Gets Boost in EU Battle Over Antitrust Fine

Intel’s fight to overturn a record 1.06 billion-euro ($1.16 billion) European Union antitrust fine received a boost from an adviser to the bloc’s top court in a case that could have ramifications for a growing list of disputes involving U.S. tech giants, according to Bloomberg.

Intel’s appeal should be totally reviewed by a lower court, which was wrong to rule against the company’s system of rebates, Advocate General Nils Wahl of the EU Court of Justice said in a non-binding opinion Thursday. The top court will decide whether to back his views in a ruling expected within about six months.

The lower tribunal was wrong to single out “exclusivity rebates“ paid to customers who bought most or all of their chips from Intel, he said. The General Court’s analysis failed to show that the rebates harmed competition. The European Commission in Brussels declined to comment.

A victory for Intel would be rare setback for EU antitrust regulators facing a court clash with Ireland and Apple over the fairness of a probe that culminated in the iPhone maker’s 13 billion-euro tax bill. The Intel ruling may also have affect the EU’s handling of probes into Google and  Qualcomm Inc. that could ultimately lead to fines.

Any ruling on this point may echo challenges that Ireland and Apple are preparing against the process leading up to the EU’s tax decision in August. The appeals may argue that EU regulators unfairly kept them in the dark during the probe and neglected to flag a shift in emphasis in the investigation, people with knowledge of their case have said.