CASE COMMENTS: MERGERS – FRANCE – COMMITMENTS – FRENCH COMPETITION AUTHORITY’S PRESIDENT POWERS – CONTROL OF CONSTITUTIONALITY

French Competition Authority’s President powers: The French Constitutional Court confirms that the power of the French Competition Authority’s President to decide alone to agree transfer of assets does not violate constitutional rights (Fnac / Darty)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Act of 6 August 2015, known as the Macron Act, introduced the possibility, in merger cases, of a single-judge decision on commitment review decisions (provisions of the last sentence of Article L. 461-3 C. com.). A priority question of constitutionality was raised by Fnac Darty concerning the conformity of the same legislative provision with the rights and freedoms guaranteed by the Constitution. It will be recalled that on

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Emily Xueref-Poviac, French Competition Authority’s President powers: The French Constitutional Court confirms that the power of the French Competition Authority’s President to decide alone to agree transfer of assets does not violate constitutional rights (Fnac / Darty), 20 April 2018, Concurrences N° 2-2018, Art. N° 86929, pp. 122-123

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