Overview

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 behavior adopted by undertakings. 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. The book was awarded the 2024 Concurrences Ph.D. Award in Law.

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9781954750159

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Maya-Salomé Garnier is teaching law at Aix-Marseille University. After law studies at Paris II Pantheon-Assas and Aix-Marseille, she obtained a PhD in December 2023. David Bosco is professor of competition law and European law at Aix-Marseille University (Center of Law and Economics, UR 4224). His research focuses on Antitrust and Merger law. Since his PhD (L'obligation d'exclusivité, Bruylant 2008), his research focuses on Antitrust and Merger law (Publications page at SSRN 1791770). He is the editor of the rubric Trends in Concurrences. He is also director of Centre for Economic Law of the University of Aix-Marseille. David Bosco is a member of the Scientific Committee of Concurrences Review. Member of French Competition Authority since March 19th, 2019, Catherine Prieto is Professor of Law (1995) at the Ecole de droit de la Sorbonne, University Paris 1 Panthéon-Sorbonne. She was previously Professor at University Paul Cezanne Aix-Marseille where she was Vice-Dean (1999), then Vice-President (2002-2005). She lectures in competition law and in European market law. She is co-author of several books and papers on European competition law, European single market law and European contract law. She regularly publishes commentaries on ECJ cases concerning competition law and free movement for services and establishment in several legal reviews. She is co-editor of the Revue trimestrielle de droit européen (Dalloz). Her consulting activities focus on antitrust law and the EU single market. She is one of the founding members of the European network of legal experts Trans Europe Experts (TEE). Catherine Prieto is a member of the Scientific Committee of Concurrences Review.

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