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