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Revaluing the Role of Intent Evidence in EU Antitrust Law

DOI https://doi.org/10.21552/core/2019/4/4

Jan Blockx


The arguments that have been made against using intent evidence in EU antitrust enforcement are not conclusive. On the contrary, because of the difficulties of conducting economic analyses of the effects of commercial conduct, it makes sense to look at the intentions of the persons engaging in that conduct to interpret their behaviour. Also for the punishment of anticompetitive behaviour, the presence or absence of anticompetitive intentions should be relevant.
Keywords: Antitrust, Intent, Enforcement

Jan Blockx, Teaching and research assistant, Faculty of Law, University of Antwerp. A previous version of this paper was presented at the ASCOLA conference in Aix-en-Provence, France on 28 June 2019. It contains some of the conclusions from my PhD research. I would like to thank Anne-Marie Van den Bossche, Gert Straetmans, Henri Swennen and Sophia Stephanou for the comments they provided on the arguments in this paper. All views expressed and any remaining errors are of course mine. For correspondence: <mailto:jan.blockx@uantwerpen.be>.

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