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Pablo Solano-Diaz

Pablo Solano-Diaz

Of Counsel at Pérez-Llorca specializing in EU competition law and regulation; lecturer at IE University and former antitrust counsel at Xiaomi and Amadeus.

Jul 29, 2026

13:37
don't you like it so much like what what is the difference you said it's it can be similar but like relative efficiencies as efficient competitive test competition on the merits is it just a word jungle or like where the where the barrier is
13:56
Exactly.
13:57
So the as-efficient competitive principle, in my view, alludes to the same reality as the relative efficiency criterion, but I'm trying to move away from the large misinterpretation that the as-efficient competitive principle has come for.
14:23
By using the relative efficiency criterion, I try to remove both the halo associated with the world principle, which I don't like for a starter, and the emphasis on the competitor.
14:36
Because like I said at the beginning, I would like to pinpoint that the dominant company's own efficiency is what we're using as a benchmark to see if the advantage that they're taking comes from their own efficiency or from dominance, rather than competitors.
14:54
So we're not talking about competitors, really.
14:58
To be more precise, in my reading of previous case law, not only Google Android, because like I said, this follows the path of Acerbisio Letico Nacionales, Super League, Google Shopping, and Android Auto, The court is acknowledging something that is quite obvious and it has been acknowledging from very early case law, which is aggressive, exclusionary or even exploitative unilateral conduct, unlike anti-competitive agreements, is usually competition on the merits.

17 MINS LATER

32:28
So where do we stand here? What do you think?

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