Dottrina

Unfair Contract Terms Directive, Article 4

Il contratto con il consumatore nell’UE fra ordoliberalismo e altri neoliberalismi.

Ordoliberalism has been recently the object of many studies. Antitrust lawyers distinguish between ordoliberalism and other kinds of neoliberalism, with reference to limitations on private parties’ autonomy. This paper focuses on the way in which ordoliberals treated the question of general terms and conditions of contracts. Focus is also put on the difference between the European and the US approaches on the topic. It is found that still today, the US neoliberal approach affects contracts less than the European ordoliberal one.