CHRONIQUE : SECTEUR PUBLIC – FREEDOM TO UNDERTAKE – FREEDOM OF THE COMPETITION – FREEDOM OF THE PRICES

Freedom to undertake: The Constitutional Council uses freedom of entrepreneurship in order to protect freedom of competition

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. While free competition still does not have constitutional value (Constitutional Council, Decision No. 2001-450 DC of 11 July 2001, Law on various social provisions; EC, 2 March 2011, Société Manirys, No. 345288), the constitutional judge is less and less insensitive to competition concerns (M. Bazex, "Le Conseil constitutionnel et la concurrence", Droit administratif No. 12, December 2012, comm. 94). Decision No. 2013-670 DC of 23 May 2013 is further evidence of this. The Council had before it Article 16 I of the Law on various provisions on transport infrastructure and services, which provides for the modalities of passing on the "heavy goods vehicle

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  • University Paris Nanterre

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Arnaud Sée, Freedom to undertake: The Constitutional Council uses freedom of entrepreneurship in order to protect freedom of competition, 23 May 2013, Concurrences N° 4-2013, Art. N° 59393, p. 177

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