*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On October 12, 2012, the French Constitutional Court rendered a long-awaited decision on the priority constitutionality issue raised by Canal Plus and Vivendi following the withdrawal by the French Competition Authority of the decision authorizing the acquisition of TPS by Canal Plus in 2006 (Aut. Concord, Dec. 11-D-12 of September 20, 2011 relating to the compliance with the commitments contained in the decision authorizing the acquisition of TPS and CanalSatellite by Vivendi Universal and Canal Plus Group.). Questions submitted to the Constitutional Council The questions submitted to the Constitutional Council were on two different subjects. The first,
CASE COMMENTS : PROCEDURE – PRIORITY PRELIMINARY RULING ON THE ISSUE OF CONSTITUTIONALITY - MERGER CONTROL – RIGHT TO A FAIR TRIAL – SEPARATION OF PROSECUTION, INVESTIGATION AND SANCTION POWERS – POWER OF THE FCA TO ACT OF ITS OWN MOTION-
Priority preliminary ruling on the issue of constitutionality: The French Constitutional Council rules that the enforcement powers of the FCA in the field of merger control do not breach the right to a fair trial and therefore comply with the Constitution (Groupe Canal Plus)
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.