The role of intent in the EU case law on abuse of dominance

Publishers Abstract:
Reflects on the role of intent in EU cases involving abuse of dominance under the Treaty on the Functioning of the European Union art.102. Reviews case law involving predatory pricing and other types of abuse, how subjective intent is used to establish abuse, and the problems of an approach that lacks a clear definition of intent and uses the term synonymously with 'object', including how it reduces legal certainty and hampers efforts to adopt an effects-based approach to art.102. Suggests why intent should not form part of the test for abuse, which should remain an objective concept.