In its decision of 8 April 2014 [1] the Italian Administrative Court of Last Instance (“Council of State”) overruled the previous decision of the Administrative Court of First Instance (“TAR Lazio”) and confirmed the legitimacy of the decision of the Italian Competition Authority (“ICA”) [2], which had fined Coop Estense Società Cooperativa a r.l. (“Coop Estense”) around EUR 4.6 million having abused its dominant position in the markets for supermarkets and superstores by preventing a competitor (Esselunga S.p.A. - “Esselunga”) from opening new sales points in the Province of Modena. This conduct was considered to be in breach of Article 3 of Law No. 287 of 10 October 1990 (“Competition Act”) which corresponds to Article 102 of the Treaty on the Functioning of the European Union (“TFEU”). With
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The Italian Council of State confirms the Competition Authority’s decision adopted in an abuse of dominance case in the mass retail sector (Coop Estense / AGCM)
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