Italian Supreme Court (Corte di Cassazione), 2021, December 31, No. 41994

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Downstream guarantee contracts of anticompetitive agreements declared partially void by the National Antitrust Authority in 2005 are partially void pursuant to Art. 2(3) of Italian antitrust law No 287/1990 and Art. 1419 Civil Code in relation only to the clauses that reproduce those of the anti-competitive scheme, unless a different intention of the parties can be inferred from the contract, or otherwise proved.