Antitrust liability for abuse of right: the Council of State rules on Coop Estense

In February 2011, the Italian Competition Authority (“ICA” or "Authority") launched proceedings ex officio (A437), pursuant to Article 3 of the Italian Competition Act 1990, against Coop Estense, a member of the Coop Italia consortium, active in the retail distribution of food products and consumer goods. Coop Estense had allegedly abused its dominant position by delaying the entry and the expansion of its competitor Esselunga in the large retail distribution markets in the Province of Modena, in the North of Italy.