MODELLI ABI TRA CLAUSOLE ANTICONCORRENZIALI E CASI DI NULLITÀ (PARZIALE) DELLE FIDEIUSSIONI OMNIBUS

ABI models of omnibus guarantees between antitrust law and contract law – The paper analyzes the issue of partial nullity of omnibus guarantees found in ABI models, a matter that has led to the formation of distinct orientations on the subject and the production of a substantial jurisprudential dispute on the validity of bank guarantees reproducing anti-competitive clauses. The analysis focuses on antitrust regulations, analyzes consumer issues, as well as offers an examination of the prevailing doctrinal and jurisprudential reconstructions that have marked the precedents of the Courts of merit and legitimacy and prompted the United Sections of the Supreme Court of Cassation to intervene on December 30th 2021, to bring clarity and conclude the debate on the validity, or otherwise, of such guarantees.