PLMJ consultant Cláudia Trabuco, from the firms European law and competition practice has published an annotation on the judgment of the Court of Justice on network advertising links and the use of trademarks in the latest issue of  Cadernos de Direito Privado, no. 35 July / September 2011.

 

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It discusses the meaning of intent in antitrust law and whether this element should be given any role in abuse cases and, in the affirmative, what role should that be. To this effect, it carries out a comparative exercise on the relevance of intent evidence in abuse investigations under US and EU law. It explores the interplay between those different uses of intent, the notion of anticompetitive harm and the goals of antitrust in the two jurisdictions. Finally, it examines the consequences of adopting a given intent rule in terms of policy enforcement.