Banking and Contracts, Competition, Conclusion of contracts “downstream” of unlawful agreements, nullity, prior to verification by the System Authority, subsistence, Civil Cassation, First Section, Order no. 29810 of 12/12/2017

In terms of anti-competitive agreements prohibited by art. 2 of the l. n. 287 of 1990, the stipulation “downstream” of contracts or shops that constitute the application of illicit agreements concluded “upstream” also includes contracts stipulated prior to the establishment of the agreement by the independent Regulatory Authority or the control of the market, provided that the agreement was put into place physically before the shop reported as null, also considering that fall under the anti-competitive discipline all the subsequent events of the relationship that constitute the creation of distortive profiles of competition.

Source Supreme Court of Cassation