Intent in Competition Law

<p>The law on anti-competitive practices seems to focus particularly since its modernization at the turn of the second millennium-on the economic effects of <span style=color: rgba(63 63 63 1)>behavior adopted by undertakings</span>. The effect on competition the market or consumer welfare serves as a criterion for both defining and characterizing offenses. At first glance the discipline appears relatively indifferent to the concept of intent whose role is commonly minimized or even rejected by both doctrine and case law. Contrary to these preconceptions this study aims to shed light on the central-albeit implicit-role that intent actually occupies de lege lata. To do so a historical approach to competition law an attempt at a general theorization of intent as well as numerous analogies with criminal law are used. The research ultimately suggests a paradigm shift de lege ferenda. Since the more economic approach or effects-based approach are not in practice as far-reaching as commonly believed it is proposed to abandon them in favor of a less economic and more legal perspective of competition rules based on the theory of intent developed.</p><p>The book was awarded the 2024 Concurrences Ph.D. Award in Law.</p><p></p>