CASE COMMENTS: MERGERS - OBLIGATION OF NOTIFICATION - LACK OF NOTIFICATION OF A CONTROLLABLE OPERATION - SELF-REFERRAL - PREJUDGEMENT (NO) - VIOLATION OF THE IMPARTIALITY PRINCIPLE (NO)

Self-referral: The Council of State reinforces the power of the French competition authority to inflicts sanctions in case of lack of notification of a merger and seems to rule out any risk o prejudgement in case of self-referral by the competition authority (Colruyt)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a decision handed down on June 24, 2013, the Conseil d'État rejected the application filed by Colruyt France and Ets Fr. Colruyt against Decision No. 12-D-12 of 11 May 2012, under which the Competition Authority imposed a sanction of EUR 392,000 on Ets Fr. Colruyt in respect of a concentration operation which took place in breach of the obligation of prior notification resulting from the Commercial Code. It will be recalled that, in this case, the Competition Authority took up the matter ex officio, after Colruyt France had informed the Competition Authority that it had carried out, in 2003, 2004 and 2009 respectively, three concentration operations without

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