Law no. 192 of 18 June 1998, (Article 9 - Abuse of economic dependence) Rules on subcontracting in manufacturing activities
Law no. 192 of 18 June 1998, (Article 9 - Abuse of economic dependence) Rules on subcontracting in manufacturing activities
9. Abuse of economic dependence
1. The abuse of a client's or supplier's state of economic dependence in regard to one or more businesses is forbidden. A state of economic dependence exists when a business finds itself in a position to bring about excessive imbalances in the rights and obligations pertaining to its commercial relations with another business. The assessment of economic dependence also accounts for any real possibility for the abused subject to find satisfactory alternatives elsewhere in the market.
2. An abuse may consist in the refusal to sell or refusal to buy, the imposition of unjustifiably burdensome or discriminatory contract conditions or the arbitrary interruption of established commercial relations.
3. Any agreement to achieve abuse of economic dependence is null and void. The ordinary courts shall take cognisance of cases of abuse of economic dependence, including the grant of restraining orders and injunctions and the award of damages(*).
3-bis. Notwithstanding the possible application of section 3 of Law No 287 of 10 October 1990, the Competition Authority may issue the warnings and impose the penalties provided by section 15 of law No 287 of 10 October 1990 against any company or companies found liable for abuse of economic dependence which is relevant to the protection of competition and the free market, in response to complaints from third parties and after using its own investigative powers.
In cases of profuse and repeated violation of the rules prescribed in Legislative Decree no. 231 of 09 October 2002( ) resulting in damage to other businesses, and especially small- and medium-sized enterprises, an abuse is constituted regardless of the ascertainment of economic dependence. (**)
(*) Sub-paragraph thus replaced by Article 11, L. no. 57 of 05 March 2001.
(**) Sub-paragraph added from Article 11, L. no. 57 of 05 March 2001 and modified by Article 10, L. no. 180 of 11 November 2011 - "Regulations to protect the freedom to conduct business. Company by-laws."
( ) Implementation of Directive 2000/35/CE concerning the fight against late payments in business transactions.