In the proceedings brought by Brussels for anti-competitive practices, the rights of defense of this American giant of electronic components were not respected, and the decision is canceled "in its entirety", explains in a press release the court established in Luxembourg.

The Court notes that Qualcomm was not heard and therefore could not "adapt its analysis" when the Commission changed its accusation by "modifying the grievances" initially retained.

The investigation was opened in 2015.

In addition, the press release adds, "the Court finds several irregularities committed by the Commission at the stage of compiling the case file".

In particular, the absence of recordings of “meetings and conference calls with third parties” at the start of the investigations is pointed out.

This sanction from Qualcomm in the form of a fine of 997 million euros was announced on January 24, 2018 by the European executive.

Brussels then accused the IT supplier of having paid its client Apple between 2011 and 2016 huge sums – estimated at “several billions” – so that it does not obtain supplies from its rivals.

"These payments were not simple price reductions, but were made on the condition that Apple exclusively use Qualcomm chips in all of its iPhones and iPads," EU Competition Commissioner Margrethe Vestager said.

On Wednesday, the General Court ruled that the Commission's decision was not based on "all the relevant factual circumstances" at the time, regarding the chipsets concerned (LTE chipsets, "Long Term Evolution").

"While the Commission concluded that the incentive payments (from Qualcomm, editor's note) had reduced Apple's incentives to turn to competing suppliers (...), it is apparent from the decision (from 2018) that Apple does not had no technical alternative to Qualcomm's LTE chipsets for most of its needs during the relevant period, namely that corresponding, in essence, to iPhones.

The Commission can now challenge the General Court's decision before the Court of Justice of the EU.

"An appeal, limited to questions of law, may be lodged before the Court within two months and ten days of its notification," the statement said.

© 2022 AFP