ALERT: PROCEDURE - PRELIMINARY RULING ON CONSTITUTIONALITY - RESTRICTIVE PRACTICES - CIVIL FINE - INDIVIDUALISATION

Preliminary ruling on constitutionality: The French Constitutional Council rules that a civil fine may be imposed on a corporation that has carried on operating the business of the undertaking that infringed competition rules as long as it was not completely wound up (ITM Alimentaire International)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Clearly, competition law provisions do pass the test of constitutionality review, at least through the QPC screen. The same applies this time to the third sentence of the second paragraph of paragraph III of article L. 442-6 of the Commercial Code. On 18 May 2016, the Constitutional Council handed down its decision in case No. 2016-542 QPCreferred to the Council by the Commercial Chamber of the Court of Cassation in a judgment of 18 February 2016 under which it held that the question raised in the appeal against the judgment of the Paris Court of Appeal of 11 March 2015 by ITM Alimentaire International, in its own name and on behalf of the companies SPAL

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Preliminary ruling on constitutionality: The French Constitutional Council rules that a civil fine may be imposed on a corporation that has carried on operating the business of the undertaking that infringed competition rules as long as it was not completely wound up (ITM Alimentaire International), 18 May 2016, Concurrences Nº 3-2016, Art. N° 81058, www.concurrences.com

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