PRACTICES : FRENCH COMPETITION LAW - REVIEW OF CONSTITUTIONALITY - FUNCTIONAL SEPARATION - AUTORITÉ DE LA CONCURRENCE - FUNCTIONAL SEPARATION

The interlocutory procedure for the review of constitutionality

Several provisions of the French competition law have been questioned under the interlocutory procedure for the review of constitutionality. Such requests have been made on several rules regarding dawn raids, the functional separation of the instruction body from the decision body within the Autorité de la concurrence or the right granted to the Autorité to plead as a defendant on appeal. To this date, none of those requests has been deemed novel or serious enough to be handed by the Supreme Court of Appeals to the Constitutional Council for further examination.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. It was foreseeable that economic and financial law would be one of the areas of election of priority constitutionality issues. Businesses are defended by specialist lawyers who do not hesitate to mobilise all the judicial fronts - national, Community, conventional and, more recently, constitutional. It is well known that financial cases, whether criminal proceedings or quasi-repressive administrative proceedings initiated by specialized independent authorities (Autorité de la concurrence, Autorité des marchés financiers, etc.), which are very well substantiated in terms of substance, are sometimes more suitable for procedural offensives that are themselves

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Authors

  • French Competition Authority (Paris)
  • French Competition Authority (Paris)

Quotation

Irène Luc, Laure Gauthier, The interlocutory procedure for the review of constitutionality, May 2012, Concurrences N° 2-2012, Art. N° 45231, pp. 200-211

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