The French Constitutional Council upholds the constitutionality of the French Competition Authority’s power to withdraw merger clearance decisions and of its internal organisation (Canal + / Vivendi)

Following a request for a preliminary ruling on constitutionality by Groupe Canal Plus (“Canal Plus”) and Vivendi Universal (“Vivendi”, parent company of Canal Plus), on 12 October 2012 [1] the French Constitutional Council upheld the constitutionality of the power of the French Competition Authority (the “Authority”) to withdraw a merger clearance decision, which had been used for the first time in its September 2011 decision to withdraw the conditional clearance of the merger of Canal Plus‘ and TPS’ pay-tv activities [2]. The Constitutional Council also rejected the constitutional challenge brought by CGP/Vivendi to the organisation of the prosecuting and decision-making process of the Authority. The decision is the first decision taken by the Constitutional Council in a competition law

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

Quotation

Sergio Sorinas, Grégoire Colmet Daâge, The French Constitutional Council upholds the constitutionality of the French Competition Authority’s power to withdraw merger clearance decisions and of its internal organisation (Canal + / Vivendi), 12 October 2012, e-Competitions October 2012, Art. N° 50363

Visites 224

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues