Navigating the Crossroads: The Future of Efficient Competitor Test in EU Competition Law

The As-Efficient Competitor (AEC) test is a key aspect of European Union (EU) competition law. It was created to distinguish between conduct that is anti-competitive and conduct that is procompetitive. The AEC test has played a crucial role in defining the competitive landscape in the EU. However, recent judgments have raised questions about the future of the AEC test. Recently, the European Commission published a communication indicating amendments to its Article 102 TFEU Guidance Paper in light of the latest EU Courts’ judgments. This brief paper explores the challenges and implications facing the AEC test in EU competition law. By examining its development and current issues, we aim to provide insight into the ongoing debate about the AEC test and its impact on competition policy within the EU.