Google LLC and Alphabet Inc. v European Commission (C-738/22 P)

Judgment of 2 Jul 2026

law://eu/cjeu/2022/c-738-22/para_268@2026-11-13

268Where a competition authority seeks to show that conduct represents a departure from competition on the merits, it may use an analysis of the capability of a hypothetical as-efficient but non-dominant competitor to replicate that conduct (see, to that effect, judgment of 12 May 2022, Servizio Elettrico Nazionale and Others, C‑377/20, EU:C:2022:379, paragraph 82).

Google LLC and Alphabet Inc. v European Commission (C-738/22 P)

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