The as efficient competitor test – back to facts, Aleksandra Boutin, Xavier Boutin, Competition Law & Policy Debate, 2018.
Nominated for the Antirust Writing Awards 2019.
We are very happy to see that our article on the usefulness of the As Efficient Competitor (AEC) Test in abuse cases has been nominated for the 2019 Concurrences Antitrust Writing Awards. Please read if you are interested in positive enforcement of Art. 102, i.e. enforcement based on hard facts and not prejudice and opinions.
This article discusses how effectively firms can assess whether their practices are capable of restricting competition in a variety of market contexts. It then reviews the most important issues that are open as to the way the Commission will review such evidence. It also addresses presumptions in this context.
You can read our article, as well as many other interesting contributions by our colleagues in the antitrust community, by following the link below: