The Recent Judgment of the Italian Supreme Court on Partial Invalidity of the Downstream Guarantee Contracts Following a Cartel. Some Considerations on Public and Private Antitrust Enforcement
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Abstract
Starting from the judgment No. 41994/2021 of the Italian Supreme Court, in this paper the Author analyses the impact of the civil remedy of partial invalidity on the downstream guarantee contracts that follow the decision of the National Antitrust Authority in 2005 on banking cartel. A similar direct and shaping impact on contracts of the civil remedy of partial nullity is brought, in the distinct but parallel field of public enforcement, by the order of the NCA to bring the infringement to an end, especially by imposing structural and behavioural remedies which are necessary and proportionate to the infringement committed
Keywords
- Antitrust Infringements
- Downstream Contracts
- Invalidity
- Private and Public Enforcement
- Order to Cease
- Structural and Behavioural Remedies
- Proportionality
- Effectiveness
- Dissuasiveness
