Journal title AGRICOLTURA ISTITUZIONI MERCATI
Author/s Mario Mauro
Publishing Year 2017 Issue 2015/1 Language Italian
Pages 36 P. 31-66 File size 283 KB
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Through the art. 62, the legislature aims to regulate the agribusiness market, today characterized by strong imbalances. The rule, in terms of food chain contracts, requires the obligation to: editing in written form; conforming to a minimum and specific number of subjects; respecting the principles of transparency, fairness and proportionality. Beyond the presumption that an alone intervention can revolutionize the market, without structural solutions, art. 62 reveal important issues that need improvement. Regardless, the article is a first attempt to give importance to a new form of negotiating imbalance regarding «the respective bargaining power positions» in the agri-food business. To deal with this issue, rules and principles coexist and, in case of violation, there is the need of finding an effective remedy.
Keywords: Contract, Effectiveness, Imbalance, Remedies, Food Chain, Antitrust.
Mario Mauro, Contratti della filiera agroalimentare, squilibrio e rimedi. Il punto sull’art. 62 d.l. 1/2012 in "AGRICOLTURA ISTITUZIONI MERCATI " 1/2015, pp 31-66, DOI: 10.3280/AIM2015-001003