December 09
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Anjum Shabbir
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28th February 2020
Competition & State Aid

Broadcom starts legal proceedings against the Commission before the General Court of the CJEU

An annulment action is pending before the General Court of the CJEU (T-876/19), in which Broadcom Inc seeks the annulment of a competition decision made by a Commission Decision of 16 October 2019.

Broadcom argues that the Commission made errors of law and fact in finding that there had been an infringement committed by Broadcom, due to an incorrect interpretation of its agreements, among others. In a second plea, it argues that there were errors of law and fact in the Commission’s finding that interim measures were urgently needed to address a risk of serious and irreparable damage to competition on the relevant markets. And finally, it puts forward that the Commission made errors of law and fact in terms of proportionality – considering that the Commission should have considered whether an expedited investigation would be more proportionate than limiting Broadcom’s freedom for a three year period, it having failed to balance the interests involved.

Read the full three pleas made by Broadcom here, where the request has been published recently in the Official Journal.

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