Le fideiussioni omnibus “a valle” di un’intesa antitrust: un'indagine rimediale in chiave teleologica alla luce dell'ultima decisione delle Sezioni Unite.

With the decision hereby analysed, the Supreme Court enters the complex remedial apparatus of the antitrust enforcement, thus asserting the partial invalidity of the omnibus surety contracts concluded by the banks who act “downstream” of an anti-competitive agreement. The Court, through the search for a balance between the (potentially) opposing instances of deterrence, contract conservation and weaker contractor protection, retraced with this paper, gives a new twist to the well-known and kaleidoscopic affair that began in the aftermath of the Bank of Italy’s provision of 2 May 2005.