CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – ITALY – PRIVATE ENFORCEMENT – NULLITY – DOWNSTREAM CONTRACT – UPSTREAM CARTEL

Italy: The Italian Supreme Court and the Court of Pescara, Ancona, Taranto, Napoli and Verona rule once again on the validity of omnibus bank guarantee contracts with regard to the competition law (ABI)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The dispute over the validity of omnibus bank guarantee contracts under anticompetitive practice law does not weaken, as the Italian Court of Cassation and certain substantive courts have once again ruled on applications for the nullity of guarantee contracts entered into with banking institutions which, for this purpose, had faithfully reproduced the model contract drawn up in 2003 by the Italian Banking Association ("ABI"), certain provisions of which had been invalidated in 2005 for violation of national anticompetitive practice law (see already our comments, Concurrences No. 3-2019, p. 204 and No. 2-2019, p. 204). The latest decisions

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Silvia Pietrini, Italy: The Italian Supreme Court and the Court of Pescara, Ancona, Taranto, Napoli and Verona rule once again on the validity of omnibus bank guarantee contracts with regard to the competition law (ABI), 26 September 2019, Concurrences N° 1-2020, Art. N° 93416, pp. 193-195

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