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Parcu, Pier Luigi; Stasi, Maria Luisa --- "The role of intent in the assessment of conduct under Article 102 TFEU" [2017] ELECD 444; in Parcu, L. Pier; Monti, Giorgio; Botta, Marco (eds), "Abuse of Dominance in EU Competition Law" (Edward Elgar Publishing, 2017) 12

Book Title: Abuse of Dominance in EU Competition Law

Editor(s): Parcu, L. Pier; Monti, Giorgio; Botta, Marco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785367618

Section: Chapter 2

Section Title: The role of intent in the assessment of conduct under Article 102 TFEU

Author(s): Parcu, Pier Luigi; Stasi, Maria Luisa

Number of pages: 22

Abstract/Description:

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. Keywords: intent; objective abuse; CJEU; artificial intelligence