Digital Ecosystems and the Not (Yet) As Efficient Competitor Principle

This article cautions against the use of the “As-Efficient-Competitor” (“AEC”) Test in assessing conduct that may prevent competitors of becoming more efficient, particularly in the context of digital ecosystems. Reviewing the case-law of the European Court of Justice, we argue that an AEC Test should be limited to price-related conduct where cost structures matter. In sectors where innovation and product differentiation play a larger role, applying the test may lead to delayed enforceme