CASE COMMENTS: MERGERS - PRIORITY PRELIMINARY RULING ON CONSTITUTIONALITY
Priority preliminary ruling on constitutionality: The Council of States forwards a priority preliminary ruling on constitutionality regarding the conformity of the withdrawal procedure of an authorizing decision for the principle of impartiality and the right of free enterprise (CanalSatellite)
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In a decision released yesterday, July 17, 2012, and posted online this morning, 18 July 2012, the Council of State resolved, following the recommendations of the public rapporteur, Vincent Daumas, to be forwarded in part to the Council the priority constitutionality issue raised in the report, to in connection with the action brought by Canal Plus Group and its parent company Vivendi Universal against the decision to annul Decision No. 11-D-12 of 20 September 2011 of the Competition Authority relating to commitments included in the decision authorising the acquisition of TPS and CanalSatellite. Pending the decision of the Constitutional Council, the
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