The Intel Decision is significantly flawed. First, the Commission did not take into serious account the dynamics of the relevant markets. The market power evaluation by the Commission was flawed because Intel was not able freely to exercise the market power. Second, the Commission's explanations for the theory of 'as efficient competitor test' do not help the public fully understand how the Commission performed this test. The myth of how the test was used would presumably create chilling effects on numerous companies in various European markets, particularly the dominant firms. Third, the Commission applied Guidance on enforcement priorities in applying Article 82 EC, in particular as efficient competitor test set out in the document, to the Intel case. The Commission applied the test as if the Guidance Paper was legally binding, which violated the principle of legal certainty. As regards the issues of naked restrictions, the Commission failed to present sufficient evidence to support that Intel paid the OEMs to restrict the commercialisation of planned AMD-based products. Also, the Commission failed to prove that the conduct of Intel had a material effect on the decision-making of OEMs in that they restricted the commercialisation of AMD-based computers.