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Surety and partial nullity according to antitrust legislation

  • 10/01/2022

The Court of Cassation with sentence n. 41994 of 30th December 2021 expressed its opinion on the antitrust surety.

 The Supreme Court resolved the interpretative conflict involving the issue of sureties that reproduced the clauses of the ABI scheme already judged contrary to the antitrust competition rules; since it is the result of an agreement restricting competition.

The Court has definitively clarified that the clauses coinciding with the standard contract (ABI scheme) are affected by partial nullity, while the surety contract remains valid.

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