Power supply contract between trader and supplier of electricity

Abstract

Being supplier the one bounded with both distributor and final client, the trader-supplier power supply contract is a special contract in a special area —which is also heir of a special, limited and regulated market—. Moreover, the subject matter of the contract is also a special one, far from those originally considered by contractual law tradition. The very nature of the contract is also arguable, as is the influence of the sectoral regulations over the agreement between the parties. There is also not just one single possible contract among trader and supplier, but different ones, with dijferent aims and subjects. Lastly, the strong bargaining power of electricity traders, unequal to the needs of the clients —businesses or not—, and the label to every client as «consumer» in sectorial regulations leads to another question as well, increasingly relevant in every sector, as it is the control of unfair terms in businessto-business contracts.