000 02526nam a2200361 a 4500
001 699
003 MYCC
005 20260225133938.0
008 260211s2025 nyu 000 0 eng d
020 _a9781954750159
_qpaperback
020 _a9781954750142
_qebook
040 _aMYCC
_beng
_cMYCC
_erda
082 0 4 _223
_a343.0721
090 0 0 _a343.0721
100 1 _aGarnier, Maya-Salomé,
_d1997-
_eeauthor.
245 1 0 _aIntent in Competition Law /
_cMaya-Salomé Garnier ; foreword by David Bosco ; introduction by Catherine Prieto.
264 1 _aNew York :
_bConcurrences,
_c2025.
264 4 _c©2025
300 _axxix, 620 pages ;
_c24 cm
336 _2rdacontent
_atext
337 _2rdamedia
_aunmediated
338 _2rdacarrier
_avolume
365 _eGift
500 _a"First Printing, September 2025" -- title page verso
504 _aIncludes bibliographical references (pages 521-599) and indexes.
505 0 _aPart 1 The concept of intent -- Title I The historical evolution of intent -- Title II Conceptualizing intent -- Part 2 The role of intent -- Title I The implicit role of intent de lege lata -- Title II The desirable role of intent de lege ferenda
520 _aThe 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.
650 0 _aCompetition law
650 0 _aCompetition, Unfair
700 1 _aBosco, David,
_ewriter of foreword.
700 1 _aPrieto, Catherine,
_ewriter of introduction.
942 _2ddc
_cBK
999 _c699
_d699