Pre-notification : The French Supreme Administrative Court refuses to refer a priority question of constitutionality directed against the provisions of articles L. 450-8 and L. 464-2, V, C. com. ruling that the decision to open a pre-notification phase of a merger is of a purely preparatory nature and is therefore not subject to appeal for excess of power (Iliad)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It was at this still preliminary stage of the proceedings that Free and Iliad, which are active in the audiovisual services distribution and advertising markets as advertisers, filed an application with the Conseil d'Etat seeking to have the Authority's decision to open such a "pre-notification" phase annulled on the grounds that it was ultra vires, a decision that was revealed by the market test questionnaires sent to them. In support of their applications, Free and Iliad submitted a priority question of constitutionality directed against Articles L. 450-8 and L. 464-2, V of the French Commercial Code. In this case, following the conclusions of the public

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Olivier Billard, Quentin Colombier, Pre-notification : The French Supreme Administrative Court refuses to refer a priority question of constitutionality directed against the provisions of articles L. 450-8 and L. 464-2, V, C. com. ruling that the decision to open a pre-notification phase of a merger is of a purely preparatory nature and is therefore not subject to appeal for excess of power (Iliad), 1 March 2022, Concurrences N° 2-2022, Art. N° 106465, pp. 146-149

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