Servizio, competition on the merits, and Google Shopping

Author: Dimitrios Katsifis
Published: 07.06.2022
This is the second post on the CJEU’s judgment in Servizio, a preliminary ruling concerning the interpretation of Article 102 TFEU (see here for the first post discussing the relevance of consumer welfare and actual effects in establishing an abuse under Article 102 TFEU). In this post I would like to discuss the concept of competition on the merits. By way of background, the referring court had asked the Court whether a practice of a dominant undertaking can be considered as abusive solely on the basis of its potential anticompetitive effects, or whether it is also necessary to show that…