Open AccessAntitrust Rules and Competition Violations. The Evolution of Consumer Protection
Author(s) -
Antonio Capasso
Publication year - 2021
Publication title -
juridiskā zinātne
Language(s) - English
Resource type - Journals
eISSN - 2592-9364
pISSN - 1691-7677
DOI - 10.22364/jull.14.11
Subject(s) - competition (biology) , consumer protection , order (exchange) , law and economics , competition law , business , price fixing , law , economics , political science , industrial organization , microeconomics , finance , collusion , ecology , biology , monopoly
According to the order of the Court of Verona of 01.10.2018, No. 3763, a prohibited agreement pursuant to Art. 2, Law No. 287/1990, can also be harmful to consumer or entrepreneur, who has not taken part in it. In order to recognize an interest in invoking the protection referred to in Art. 33, para. 2, Law No. 287/1990, it is not sufficient to allege the nullity of the agreement itself but it is also necessary to specify the consequence that this failure has produced regarding the right to an effective choice between a plurality of competing products. This paper intends to investigate the institutions of the omnibus guarantee and its consequent nullity for violation of the discipline that governs agreements restricting competition. It also provides an analysis of the remedies and safeguards available to consumers who have remained extraneous to the competitive agreement, and who have entered into a subsequent contract of the latter.