1. Applying ICN UC Workbook on Exclusive Dealing Arrangements
Alvaro Ramos
NGA Spain
2018 ICN Unilateral Conduct Workshop, Stellenbosch, South Africa

2. Topics European Perspective: Intel case
Difficulties and challenges in enforcing antitrust rules to exclusivity
Practical and procedural considerations

3. 1. European Perspective on exclusivity
Guidance Paper
GC ruling on Intel
Previous caselaw on exclusivity
ECJ appeal on Intel
European Commission reaction to the Intel case

4. Rebuttable presumption Standard of foreclosure Access to evidence
2. Difficulties and challenges in enforcing antitrust rules to exclusivity
Rebuttable presumption
Standard of foreclosure
Access to evidence

5. 3. Practical and procedural considerations
Don’t start cases with a long and painful RFI.
Identify key data points
Identify cases with greater risk of Type II errors
Understand early on if a decision imposing a fine and remedies is the right tool
Put cases out of its misery quickly but do not punish case handlers for not finding an infringement:
Due process is not a “case retardant” but rather the opposite
Work with other agencies