CATRICALÀ Antonio et GABRIELLI Enrico (dir.), Turin, UTET, 2011, pp. XXI-972.

I contratti nella concorrenza

Antonio Catricala, Enrico Gabrielli

Edited by Antonio Catricalà, former President of the Italian Antitrust Authority and currently Undersecretary to the Presidency of the Council of the Italian Government, and Enrico Gabrielli, Professor of Civil Law at the Law Faculty of Rome, “Tor Vergata”, the book under review, looks, from the perspective of EU and Italian law, at the complex interaction between contract, which plays a pivotal role in the dynamics of the market and the economy, and competition law.

As the editors remark in the Preface, contracts are at the centre of economic activities, and actually the market can be seen as a complex of (existing or potential) contractual relations. Competition law, however, pursues very specific objectives (in particular, a competitive economy and protection of consumers) which profoundly influence the private autonomy of parties and their freedom of contract. As a consequence, the content and limits of contractual relations are being reshaped and new contractual issues and challenges are emerging.

The analysis is provided in eighteen chapters divided into three parts. After the Preface, in which the editors set out the scope of the book, the focus of the first part is on classic topics such as the relationship between freedom of contract and competition, the notion of agreements and the elements of contracts, anticompetitive agreements and abuse of dominant position. Particularly interesting in this part are the chapters addressing the issues of the consequences of the merger control regime, in particular with respect to remedies imposed on parties involved in such cases. The second part deals with the issue of judicial protection. After describing the jurisdiction system and remedies available before civil and administrative courts in Italy, with a particular focus on actions for damages, a final chapter discusses the role and scope of intervention of the Court of Justice. The third and final part of the book looks at specific contracts and sectors. In addition to the classic contracts of distribution and public contracts, it is worth mentioning the interesting chapter dealing with consortium contracts, participation contracts, and joint ventures. The long and final eighteenth chapter, divided into five subsections, analyses, from a civil law viewpoint, the relationship between intellectual property rights and competition law in respect of contracts transferring intellectual property rights.

Far from being a “descriptive” book, all chapters are very thorough, detailed and thought provoking. They look at the relevant EU and Italian legislation, case law and doctrine. Particular attention is paid to cases dealt with by the Italian Antitrust Authority or decided by national courts. A useful index at the end of the volume and a cd-rom (containing a pdf version of the text) complement this book.

In conclusion, I contratti nella concorrenza represents an authoritative and timely contribution to the debate on the interaction between competition law and contract law. With its high quality analysis and level of detail and information, it will become essential reading for scholars and practitioners interested or involved in competition law.

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Quotation

Riccardo Sciaudone, I contratti nella concorrenza, September 2012, Concurrences Review N° 3-2012, Art. N° 48317, P. 271-272

Publisher Utet Giuridica

Date 13 May 2011

Number of pages 200

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