
In its Comments to the Greek regulator, the Commission highligthed once again (see its recent comments in Italy quoted in the post below) that the reasonably efficient operator test is the most appropriate for assessing margin squeeze in an ex ante context.
In yesterday's opinion, the AG also highlithed that in ex post "In my Opinion in Case C‑280/08 P Deutsche Telekom v Commission, [...] I recognised that it is not inconceivable that there may be cases in which the Reasonably-Efficient-Competitor-Test may be appropriate as a secondary and additional test".
For more on REO/EEO, see the following article here.
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