Corporate Intent In The Antitrust Context

Law360, New York (September 22, 2010, 10:03 AM EDT) -- The antitrust laws were designed to protect competition and ensure lower prices and better products for consumers. As such, they appropriately focus on the actual (or likely) effects of market participants’ actions. So why is it that evidence of “bad” intent is relevant? The easy answer, of course, is that specific intent is an element of some antitrust wrongs, e.g., attempted monopolization, and that general intent is an element of others, e.g., willful monopolization.

But let’s probe a little deeper. Does intent really shed light on...
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