Ordonnance de rectification du 20 novembre 2024.#Commission européenne contre Intel Corporation Inc.#Rectification d’arrêt.#Affaire C-240/22 P.

1)

Le point 323 de l’arrêt du 24 octobre 2024, Commission/Intel Corporation (C‑240/22 P, EU:C:2024:915), doit être rectifié comme suit :

« In particular, first, the Commission submits that the finding of errors vitiating the AEC test does not mean that Intel passed that test and that the contested rebates were not capable of foreclosing competition, but only that the Commission did not prove, in the decision at issue, that Intel had failed that test. In that regard, referring to its main observations on the referral of the case back to the General Court, which are based in particular on recitals 1037 and 1038 of that decision, the Commission recalls that ‘Intel’s measure of viable cost’ adopted in that decision is that of the average avoidable cost, which is a conservative, favourable cost benchmark for Intel, since it disregards the very high fixed costs that a competitor of Intel would have to incur in order to remain a viable competitor in the long term. Thus, the fact that Intel did not fail the AEC test, taking into account the average avoidable cost, is only one consideration to be taken into account in the overall assessment that is needed to answer the question whether the contested rebates were capable of foreclosing competition. The Federal Republic of Germany adds that, in some circumstances, such as those of the present case, exclusivity agreements may cause the trading partners to be more reticent about accepting equivalent offers from competitors of their supplier due to the commitment entered into and the dependency with regard to the non-contestable share of the products purchased. »

2)

La minute de la présente ordonnance est annexée à la minute de l’arrêt rectifié. Mention de cette ordonnance est faite en marge de la minute de cet arrêt.