The French Constitutional Council declares unconstitutional a provision of the Commercial Code that permits fines in cases for obstructing an investigation because 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

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

Michaël Cousin, Marie Florent, The French Constitutional Council declares unconstitutional a provision of the Commercial Code that permits fines in cases for obstructing an investigation because an existing criminal provision sanctions the same conduct (Akka Technologies), 26 March 2021, e-Competitions Criminal sanctions, Art. N° 100967

Visites 362

All issues

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