eprintid: 10142839
rev_number: 13
eprint_status: archive
userid: 699
dir: disk0/10/14/28/39
datestamp: 2022-02-03 11:28:12
lastmod: 2022-07-07 14:37:38
status_changed: 2022-02-03 11:28:12
type: article
metadata_visibility: show
sword_depositor: 699
creators_name: Mantzari, Despoina
creators_name: Germain, Gaudin
title: Google Shopping and the As-Efficient-Competitor Test: Taking Stock and Looking Ahead
ispublished: pub
divisions: C02
divisions: B03
divisions: UCL
note: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
abstract: ‘In the third place, as regards the arguments summarised in paragraph 514 above, according to which the Commission failed to demonstrate that competing comparison shopping services that had experienced difficulties were as efficient as Google, when in fact they are not, the Commission is correct in maintaining that it was not required to prove this. The use of the as-efficient-competitor test is warranted in the case of pricing practices (predatory pricing or a margin squeeze, for example), in order, in essence, to assess whether a competitor that is as efficient as the dominant undertaking allegedly responsible for those pricing practices, and which, in order not to be driven immediately from the market, would charge its customers the same prices as those charged by that undertaking, would have to do so at a loss and accentuating that loss, causing it to leave the market in the longer term (see, to that effect, judgment of 6 October 2015, Post Danmark, C-23/14, EU:C:2015:651, paragraphs 53 to 55 and the case-law cited). In the present case, the practices at issue are not pricing practices’
date: 2022-03-01
date_type: published
publisher: Oxford University Press
official_url: https://doi.org/10.1093/jeclap/lpac006
oa_status: green
full_text_type: pub
language: eng
primo: open
primo_central: open_green
verified: verified_manual
elements_id: 1937533
doi: 10.1093/jeclap/lpac006
lyricists_name: Mantzari, Despoina
lyricists_id: DDMAN65
actors_name: Mantzari, Despoina
actors_id: DDMAN65
actors_role: owner
full_text_status: public
publication: Journal of European Competition Law and Practice
volume: 13
number: 2
pagerange: 125-135
citation:        Mantzari, Despoina;    Germain, Gaudin;      (2022)    Google Shopping and the As-Efficient-Competitor Test: Taking Stock and Looking Ahead.                   Journal of European Competition Law and Practice , 13  (2)   pp. 125-135.    10.1093/jeclap/lpac006 <https://doi.org/10.1093/jeclap%2Flpac006>.       Green open access   
 
document_url: https://discovery.ucl.ac.uk/id/eprint/10142839/9/Mantzari_lpac006.pdf