CASE COMMENTS: PROCEDURES – SELF-REFERRAL – FINES

Priority ruling on Constitution: The French Constitutional Council declares consistent with the Constitution both self-referral power of the French Competition Council before the Order of 13th of November 2008 came into force and the fine cap set up by the NRE Act on 15th of May 2001 (Grands Moulins de Strasbourg)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In a decision of 14 October 2015, the Constitutional Council, ruling on a priority question of proportionality ("QPC") raised by the Court of Cassation in the so-called flour case (Aut. conc., dec. no. 12-D-09 of 13 March 2012 reformed by CA Paris, November 20, 2014, Sté Grands Moulins de Paris) has given its opinion on two important aspects of the repressive arsenal that the legislator has placed at the disposal of the Competition Council - and then of the Authority - for the exercise of its missions. The first part, which is essentially of historical interest (the provisions having since been amended), concerned the constitutionality of the

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Authors

  • University Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Priority ruling on Constitution: The French Constitutional Council declares consistent with the Constitution both self-referral power of the French Competition Council before the Order of 13th of November 2008 came into force and the fine cap set up by the NRE Act on 15th of May 2001 (Grands Moulins de Strasbourg), 14 October 2015, Concurrences N° 1-2016, Art. N° 77923, pp. 179-181

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