ALERT: ANTI-COMPETITIVE PRACTICE - POWER OF THE NCA TO ACT ON ITS OWN INITIATIVE - FINE - CALCULATION - GROUPS OF COMPANIES - RIGHTS OF DEFENCE

Priority Preliminary rulings on the issue of constitutionality: The Constitutional Council reaffirms the French NCA’s powers to act on its own initiative and to sanction companies that are part of a group (Société Grands Moulins de Strasbourg et al.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Constitutional Council, 14 October 2015, Decision No. 2015-489 QPC (Société Grands Moulins de Strasbourg et al.) On 14 October 2015, the Constitutional Council issued its decision http://www.conseil-constitutionnel.... No. 2015-489 QPC (Société Grands Moulins de Strasbourg SA and others) concerning two priority questions of constitutionality relating to ex officio referrals and pecuniary penalties imposed by the Competition Council. It declares without surprise that the referred provisions of Articles L. 462-5 and L. 464-2 of the French Commercial Code are in conformity with the Constitution. The two priority questions of constitutionality had been referred

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Priority Preliminary rulings on the issue of constitutionality: The Constitutional Council reaffirms the French NCA’s powers to act on its own initiative and to sanction companies that are part of a group (Société Grands Moulins de Strasbourg et al.), 14 October 2015, Concurrences N° 1-2016, Art. N° 78073, www.concurrences.com

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