Invalidity in competition law as a pillar for restoring contractual balance

Abstract

The general principle of competition law is that it protects competition and does not aim, nor can it aim, to protect economic agents or restore contractual balance. Competition law is described as a public order law because it aims to achieve economic efficiency. However, features of a protective economic public order appear in the provisions of competition law, albeit modestly compared to the provisions of a more directed economic public order. This has led to the discussion of a composite public order within competition law. The legislator's concern with contractual relationships is evident, for example, in preventing the abuse of economic dependency that arises in the relationship between professionals. Contractual freedom can harm competition, and this is where competition law intervenes to restrict and regulate contractual freedom through a set of mechanisms designed to restore balance, particularly by establishing the partial invalidity of agreements and clauses that could harm competition.