The role of intent in the assessment of conducts under article 102 TFEU
Title: The role of intent in the assessment of conducts under article 102 TFEU
Citation: Pier Luigi PARCU, Giorgio MONTI and Marco BOTTA (eds), Abuse of dominance in EU competition law : emerging trends, Northampton : Edward Elgar, 2017, pp. 12-33
ISBN: 9781785367618; 9781785367625
This chapter analyses the role that intent plays or should play in the assessment of abusive conduct. In a phase where the European Commission and the European Courts appear to focus more and more on an effects-based approach, we consider whether due consideration should be also taken of the subjective element of the infringers’ behaviour. After analysis of the most recent European case law, with the objective to identify common trends and/or divergences, we discuss a number of procedural aspects that enforcers have to cope with while dealing with the subjective element. Finally, we briefly debate about the impact that the massive diffusion of algorithms and other automated machines can have on the role played by intent.
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