QPC: The French Constitutional Council pronounces the total non-conformity of the second subparagraph of paragraph V of Article L. 464-2 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. More than a week after its adoption, I propose to return to decision n° 2021-892 QPC of 26 March 2021in which the Constitutional Council declared the second paragraph of Article L. 464-2, paragraph V, of the French Commercial Code, which allows the Competition Authority to impose sanctions in the event of obstructions, to be totally non-conforming. It will be recalled that the total non-conformity had been declared on the grounds that the conduct sanctioned by this provision is already partly sanctioned by the offence of obstruction under Article L. 450-8 of the Commercial Code, and therefore in disregard of the principle of necessity of offences and