Judgment_paragraph 507 · Google LLC, formerly Google Inc. and Alphabet, Inc. v European Commission (T-612/17)

507As regards Google’s argument that the Commission states in the Guidelines on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings (points 28 to 30) that, in order to assess proposed horizontal mergers, it is necessary to take account of all sources of competition, even if they are not the closest, it must be noted that, as Article 2(3) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1) indicates, European control of concentrations with a European dimension is aimed at avoiding situations that are detrimental to competition solely because of the creation or strengthening of a dominant position that results in effective competition in the internal market or in a substantial part of it being significantly impeded, without any assumption being made that undertakings that have to group together will moreover engage in abusive behaviour. The criteria for assessing whether it is necessary for the Commission to intervene by prohibiting a merger therefore differ, in the light of the impact on competition on the market, from those that apply when the Commission is likely to find an abuse of a dominant position and order the undertaking concerned to bring the conduct in question to an end (see, to that effect, judgment of 25 October 2002, Tetra Laval v Commission, T‑5/02, EU:T:2002:264, paragraph 218). In any event, the Commission took the source of competition that merchant platforms could represent into account both in its principal premiss in which merchant platforms are not part of the same market because competition with comparison shopping services is insignificant, and in the alternative premiss in which they are part of the same market.

Google LLC, formerly Google Inc. and Alphabet, Inc. v European Commission (T-612/17)

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