L’abuso di dipendenza economica nella prassi: sanzioni e rimedi

After a brief overview of the basic features of the abuse of economic dependency, a legal device which consists in the abusive exploitation by one undertaking of the economic subordination of another undertaking, due to the absence for the latter of an equivalent alternative for the supply of goods or the provision of services, the article focuses on the effectiveness of remedies available for aggrieved parties. With this respect, the authors discuss the case law developed by Italian courts, mainly of first instance, while only one judgment has been delivered by the Supreme Court, regarding jurisdictional matters. The survey shows, on the one side, that many hurdles have to be overcome in order to obtain relief and, on the other side, that sometimes, although the alleged infringer's conduct amounts to a violation, either plaintiff's motions are dismissed or the measures adopted prove to be unsatisfactory. The authors argue for a more economic-oriented approach, consistent with the drafting of the relevant statutory provisions, that should generate efficient outcomes and promote the desirable behaviour on the part of the undertakings that hold a dominant position in the context of a bilateral market relation