ALERTS: PROCEDURES - FRANCE - PRIORITY QUESTION OF CONSTITUTIONALITY - SANCTIONS - PROPORTIONALITY - RIGHTS OF DEFENCE

Priority question on constitutionality: The French Constitutional Council declares the second subparagraph of paragraph V of Article L. 464-2 of the Commercial Code contrary to the Constitution, on the grounds that the conduct in question is in part already sanctioned by the offence of obstruction under Article L. 450-8 of the Commercial Code (Akka Technologies)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The AKKA group and Brenntag SA and Brenntag AG - as voluntary interveners - have just won a Pyrrhic victory, or at least a victory for glory, before the Constitutional Council in the context of the referral ordered by the Commercial Chamber of the Court of Cassation on January 13, 2021 of the priority question of constitutionality referred to it by the Akka group in the case of obstructionist practices implemented by the companies of the group, 900,000 fine imposed on them by the French Competition Authority. Certainly, thanks to the decision n° 2021-892 QPC of 26 March 2021 of the Constitutional Councilof March 26, 2021, they obtained the total

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Priority question on constitutionality: The French Constitutional Council declares the second subparagraph of paragraph V of Article L. 464-2 of the Commercial Code contrary to the Constitution, on the grounds that the conduct in question is in part already sanctioned by the offence of obstruction under Article L. 450-8 of the Commercial Code (Akka Technologies), 26 March 2021, Concurrences N° 2-2021, Art. N° 99869, www.concurrences.com

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