Abstract

The Author addresses the controversial issue of economic dependence between business in the broader framework of contractual justice, with particular focus on the regime of «special nullities» (nullità speciali). He advances a different understanding of the notion of competition that goes beyond the traditional view limited to the «horizontal perspective», of «economic dependence» as a proper vitiating factor of the consent, and of «abuse» as a notion applicable also in the negotiation stage of the contractual activity. The Author recognizes the power of the judge to modify the contractual agreement – following the theory of the Teleologische Reduktion – and to fill the gaps in the text thought the application of default rules. Lastly, he highlights the connection between abuse of economic dependence and antitrust legislation, therefore proposing a stronger role for the AGCM in that respect