Recupero di aiuti di stato illegali tra concorrenza e crisi d’impresa: un rimedio “flessibile” per i contratti a valle

After highlighting the discrepancies between competition law and insolvency law with special regard to State aid regulation, the paper examines from the contract law perspective the case where the original beneficiary of the State aid is insolvent, and its assets are transferred to another undertaking, which is exempted from the State aid repayment because of the asset purchase agreement. On this field private autonomy is definitely limited; however, the contract remedy should be “flexible” due to the several interests involved, such as restoration of competition and economic continuity. Indeed, a compromise between competition law and insolvency law should be a desired goal.