ABSOLUTE INVALIDITY IN TERMS OF THE COMPETITION AND CONSUMER PROTECTION ACT

Abstract

While the sanction of invalidity in the classical view ‒ normalized by civil law and its application - does not raise any doubts, the way in which Article 6 section 2 of the Law on Competition and Consumer Protection is normalized has already provoked the doctrine to analyze this provision and its relation to the normalization contained in Article 58 of the Civil Code. Due to the specific shape of the regulation contained in the antitrust legislation, two competing currents have developed in the science of law, whose views, based on different arguments, evaluate the sanction of invalidity in Article 6 section 2 of the u.o.k.k. either as a solution analogous to that of the Civil Code, or as a provision of a special nature. This article attempts to summarize the currents worked out in the doctrine, while undertaking a dogmatic and comparative legal analysis. Undoubtedly, Article 6 section 2 of the u.o.k.k. is a kind of breakthrough in the way of understanding the sanction of absolute invalidity known from civil law.