Self-preferencing – A new form of abuse of dominance? A case note on the General Court’s Google shopping judgment

Molloy, Fiona. (2023). Self-preferencing – A new form of abuse of dominance? A case note on the General Court’s Google shopping judgment. University of Galway Law Review, 2.

Abstract

The digital age forces EU competition law to adapt and refine itself. The novel challenges presented by rapidly evolving digital markets and the rise of so-called ‘Big Tech’ call for new tools to effectively curb the adverse effects of private market power. The recent landmark ruling of the EU’s General Court in Google Shopping1 illustrates some of the legal challenges evoked by the power imbalances on digital markets between quasi-monopolistic platforms such as Google on the one hand, and smaller players on the other. However, Google Shopping remains to be decided definitively, having been appealed to the Court of Justice.2 The General Court’s judgment can be read as being in line with a pro-interventionist approach in the EU regarding ultra-dominant undertakings, primarily driven by the EU Commission.3 The central legal challenge in the judgment concerns the appropriate scope of previously existing competition law concepts under Article 102 TFEU, particularly the scope of leveraging. Many factors contribute to the determination of the appropriate scope of these concepts.

Publisher

University of Galway

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Attribution-NonCommercial-NoDerivatives 4.0 International

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School of Law (Scholarly Articles)