CASE COMMENTS: PROCEDURES – FRANCE – REQUEST FOR A PRELIMINARY RULING ON CONSTITUTIONALITY – DECISIONS ON THE EXECUTION OR AMENDMENT OF COMMITMENTS – INDIVIDUAL COMPETENCE OF THE PRESIDENT OF THE FRENCH COMPETITION AUTHORITY OR ITS DELEGATE

Individual competence of the President of the French competition authority or its delegate: The French Supreme Administrative Court refers to the French Constitutional Council a request for a preliminary ruling on the constitutionality of the individual power of the President of the French Competition Authority (or its delegate) to adopt decisions on the execution or amendment of commitments (Fnac / Darty)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. After the interim relief judge of the Conseil d'État, it is now at the level of the Constitutional Council that the turmoil of the execution of the commitments undertaken by the Fnac Darty group will be felt in order to see the merger between the two entities authorised (Aut. conc., dec. no. 16-DCC-111 of 27 July 2016 relating to the acquisition of exclusive control of Darty by Fnac Darty).). On the context of demand It will be recalled that, in several decisions dated 28 July 2017, the Chairman of the Authority had successively (i) refused to approve the buyer proposed by the Fnac Darty group for

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Authors

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

Quotation

Simon Naudin, Christophe Lemaire, Individual competence of the President of the French competition authority or its delegate: The French Supreme Administrative Court refers to the French Constitutional Council a request for a preliminary ruling on the constitutionality of the individual power of the President of the French Competition Authority (or its delegate) to adopt decisions on the execution or amendment of commitments (Fnac / Darty), 1 February 2018, Concurrences N° 2-2018, Art. N° 86989

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