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The maxim actus non facit reum nisi mens sit rea expresses the idea that someone who committed an act prohibited by the criminal law can generally only be punished if he or she did so with a specific state of mind. The most serious offences are normally considered those that involve an intention to conduct oneself unlawfully or to cause an unlawful result. Usually the knowledge of the material elements of the offence is equated with intention. Even for strict liability and negligent offences, the perpetrator's mental state is relevant as an aggravating or attenuating circumstance when meting out punishment. This dissertation analyses whether EU antitrust law takes this element into account and whether it should do so.

Antitrust law --- Criminal intent. --- Antitrust law.