CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – ITALY – PRIVATE ENFORCEMENT – CARTELS – NULLITY – PUBLIC ENFORCEMENT

Italy: The Italian Supreme Court rules on the nullity of a contract concluded downstream of an anti-competitive agreement found after the conclusion of this contract (Albatel c/ Unicredit)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In its ruling of 20 September 2017, published on 12 December of the same year, the Court of Cassation ruled on the nullity of a contract entered into following the implementation of an unlawful agreement in the banking sector which was found to have been entered into after the conclusion of the said contract. In the case in point, on 18 February 2005 Albatel had concluded a current account credit agreement with Unicredit Corporate Banking (hereinafter 'Unicredit') for which two natural persons had given guarantees. On 6 October 2008, the bank terminated the contract and requested that an order for payment be issued against Albatel and its guarantors. A

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Silvia Pietrini, Italy: The Italian Supreme Court rules on the nullity of a contract concluded downstream of an anti-competitive agreement found after the conclusion of this contract (Albatel c/ Unicredit), 20 September 2017, Concurrences N° 1-2018, Art. N° 86275, pp. 204-205

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