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The French Constitutional Council declares unconstitutional a provision of the Commercial Code that provides an administrative penalty in the case of obstructive practices to an investigation, as an existing criminal provision sanctions the same conduct (Akka Technologies)

On 26 March 2021, the French Constitutional Council ruled that, insofar as a criminal provision sanctions the same conduct, the provision of the Commercial Code imposing a fine (being up to 1% of the undertaking's annual turnover) for obstructive practices to an investigation is unconstitutional. Key takeaways A provision of the French Commercial Code, which provides an administrative penalty in the case of obstructive practices to an investigation, has been held to be unconstitutional, as an

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Michaël Cousin, Marie Florent, The French Constitutional Council declares unconstitutional a provision of the Commercial Code that provides an administrative penalty in the case of obstructive practices to an investigation, as an existing criminal provision sanctions the same conduct (Akka Technologies), 26 March 2021, e-Competitions Preview, Art. N° 100967

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