The Principle of Equal Treatment in the Google Shopping Case

Abstract

This article reflects on the principle of equal treatment as a constant feature that pervades the European Union’s legal order and its specific role in competition law. Throughout history, this principle has been a foundation stone for developing the characteristics, such as freedom of movement, that one would consensually recognise as distinctive features that make the European Union a sui generis political construction. After a brief analysis of the principle’s development and ever-expanding contours, with new instruments emerging along the way and contributing to its importance, we will focus on the application of this principle to competition law. Paying particular attention to the Google Shopping case, we will demonstrate how the general principle of equal treatment remains relevant when confronted with new types of discriminatory abuses.