The Italian Supreme Court sheds light on the severance of anti-competitive clauses of a banking personal guarantee contract (De Gregorio / Banca Promos)

Introduction Article 2 of the Italian Competition Law no. 287/1990 (ICL), which is equal to Article 101 TFEU, provides that an agreement that restrains competition is void. By its judgment rendered in De Gregorio et al v Banca Promos [1], the Italian Court of Cassation has considered the reach of the sanction of voidness in connection to a contract some clauses of which correspond to the provisions of a previous anti-competitive agreement. The Court of Cassation made it clear that the contractual clauses that are void because they are anti-competitive clauses are severable from the contract, whose voidness under Article 2 of ICL should be established on a case-by-case basis. The facts of the case In July 2013 the applicants and others signed an all-embracing bank guarantee contract

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  • Desogus Law Office (Cagliari)

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Michele Giannino, The Italian Supreme Court sheds light on the severance of anti-competitive clauses of a banking personal guarantee contract (De Gregorio / Banca Promos), 26 September 2019, e-Competitions Bulletin September 2019, Art. N° 91991

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