The French Constitutional Council declares administrative sanctions for obstruction of antitrust investigation unconstitutional on the basis of the Ne bis in idem principle (Akka Technologies)

On 26 March 2021, the French Conseil constitutionnel (the “Constitutional Council”) declared Article L. 464-2, paragraph V-2 of the French Commercial Code unconstitutional on the ground that the provision violated the ne bis in idem principle. Article L. 464-2, paragraph V-2 of the Commercial Code allows the French Competition Authority (“FCA”) to impose an administrative fine of up to 1% of a company’s

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Maria-Olga Papadopoulou, The French Constitutional Council declares administrative sanctions for obstruction of antitrust investigation unconstitutional on the basis of the Ne bis in idem principle (Akka Technologies), 26 March 2021, e-Competitions June 2021, Art. N° 100352

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