In an article entitled "Google Shopping and Article 106 TFEU: A Legal Dystopia in the EU Constitutional Order," Associate Édouard Bruc analyzes the EU General Court's ruling and the European Commission's Antitrust Decision against Google. He explains in particular why they depart radically from past case law and risk undermining the more economic approach and consumer welfare standard. The article is published in the Oxford Journal of European Competition Law & Practice.
Extract
The three sisters, the Moirai, ensure that every being, mortal and divine, lives out its fate as it was assigned to them by the universe.1 More than anything, they are the eternal reminder of the natural order of things. An order with different sets of rules for Gods and humans. Indeed, for all its endless tragedies, adulteries and parricides, Greek mythology embodies a world of boundaries, and fully grasps the inherent necessity of not putting Gods and mere mortals at the same table.2
Footnotes
1. Clotho colum retinet, Lachesis net, et Atropos occat (Ovid, Fast. VI 757, Trist. VX 45–46).
2. In that sense, challenging a god represented a form of hubris. For instance, a mortal, Marsyas, found the aulos that the goddess Athena had invented and thrown away and, after becoming skilled in playing it, challenged Apollo to a contest with his lyre. The victory was awarded to Apollo, who tied Marsyas to a tree and flayed him.
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Originally published 28 August, 2023
Originally published by Oxford Journal of European Competition Law & Practice.
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