Stefano Bastianon

Esselunga v. Coop Estense and the supermarkets war: the abuse of dominant position as abuse of right

  • Abstract

Informations and abstract

Keywords: Antitrust; Retail Distribution Market; Abuse of Dominant Position; Exclusionary Effects; Causal Link.

The judgment of Council of State n. 1673/2014 is mainly based on a sole, but fundamental point: the nature of the abuse of dominant position and the relevance of a causal link between the conduct and the exclusion. Although both the Commission and the Court of Justice have examined such a topic in many cases, some scholars believe that the European case-law presents many critical issues. In this regard, the judgment of Council of State gives the opportunity to analyze one of the most controversial aspect regarding the abuse of dominant position.

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