News
Violation of antitrust rules also affects contracts signed before the assessment
- 20/12/2017
With Order no. 29810 of 12th December 2017, the Italian Court of Cassation has stated that non-compliance with Law no. 287/1990 (so-called “Antitrust Law”) of an agreement, affects all contracts signed after the agreement at issue, included those signed before the inspection.
In our case, some clauses of a surety contract which were identical to those of the form drawn up by the ABI (Italian Banking Association) were examined by the Bank of Italy and held to be the result of an anti-competitive agreement.
The Court has then concluded that the surety contract, signed by the consumer before the inspection of the Bank of Italy but after the anti-competitive agreement, was to be considered void.
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