ABSTRACT
The introduction identifies the main problem dealt with in the book: how and why is a limitation of the professional parties’ autonomy in business negotiations justified? Indeed, it identifies a tension between the fundamental principles of freedom of contract and free competition, on one side, and the importance of guaranteeing substantive fairness and efficiency, on the other side. When weak businesses are concerned, market regulation seems necessary, even if it limits the parties’ contractual freedom. This controversial problem finds very different answers in the European Union, but recent legislative evolutions, identifying specific situations of information and market power asymmetries, seem to set a new trend of rules that aim at restoring an effective competition and a fair position in the contracting stage.
