Re:Commission fines Qualcomm €997 million for abuse of domin...
by dkcbdodbwi on Wednesday January 24, 2018 @09:32AM
(#16222935)
Would this sort of agreement be legally binding? Even though it it was against EU law, could Apple be sued for breach of contract if they used Intel chips?
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Re:Commission fines Qualcomm €997 million for abuse of domin...
by torstenvl on Wednesday January 24, 2018 @10:08AM
(#16223219)
I think I t would depend on the forum and choice-of-law provisions of the contract itself. If it were entirely under, say, the UK's jurisdiction, common law countries generally permit the nullification of a contract provision that is against public policy (I am an American lawyer, not a U.K. lawyer, and my practice area is not contracts, so take my only-slightly-educated guess with a grain of salt.)
Chances are good it says that any disputes are to be governed by the laws of, say, the State of California. Since California doesn't adopt EU law as its own public policy, it would be likely to enforce the contract (unless it violated California law in some way).
Re:Commission fines Qualcomm €997 million for abuse of domin...
by gsnedders on Wednesday January 24, 2018 @10:29AM
(#16223370)
Note there's no such thing as UK jurisdiction, as there are three separate legal systems in the UK (English, Scottish, and Irish). But yes, all three would likely nullify the contract provision.
Re:Commission fines Qualcomm €997 million for abuse of domin...
by jaclaz on Wednesday January 24, 2018 @11:18AM
(#16223861)
IANAL but in Roman Law countries - and just for the record - not necessarily applying to this case, there is the concept of contracts (or clauses in contracts) that can be deemed nullum ab initio and Quod nullum ab initio nullum producit effectum if they are against or contrasting any Law, i.e. ipso jure.
Re:Commission fines Qualcomm €997 million for abuse of domin...
by toyg on Wednesday January 24, 2018 @11:32AM
(#16223990)
Pretty sure this is also in common-law countries: you cannot sell yourself into slavery even if you agree to with a contract.
Re:Commission fines Qualcomm €997 million for abuse of domin...
by tooltalk on Wednesday January 24, 2018 @01:47PM
(#16225198)
Qualcomm already stopped paying Apple rebates, not because they are now using Intel chips, but because Apple gave false testimony about their contracts to regulators, which is in violation of their business agreement.