INTESA ANTICONCORRENZIALE E INVALIDITÀ DEI CONTRATTI “A VALLE”: IL CASO DELLE FIDEIUSSIONI OMNIBUS
The project starts with the legal analysis of omnibus guarantees conforming to the ABI model and their invalidity profiles. Recently, the issue has been the focus of extensive litigation, which culminated in the very recent, but well-known, decision of the United Sections of Supreme Court no. 41994/2021 in favour of their partial nullity. Even though it acknowledges the merit of having resolved the jurisprudential contrast (total and arbitral) that had been created, this decision was not shared by part of the doctrine, especially for the argumentative path followed.
This analysis aims to make an original and topical contribution to the doctrinal discussion on the effects of the finding of the anticompetitive nature of 'upstream' cartel in terms of the lawfulness or invalidity of 'downstream' contracts.
Therefore, the crucial point will be the identification of the best remedy to protect the guarantor. This objective will be achieved by investigating the reasons why jurisprudence and doctrine are divided between so-called "real" protection and compensation protection.
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