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.

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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’

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