CASE COMMENTS: PUBLIC ACTIONS – ABSORPTION MERGER – ECONOMIC PUBLIC ORDER

Principle of individual nature of penalties: The French Constitutional Court declares invalid the interpretation of a ruling of the French Supreme Court holding that sanctions against anti-competitive practices can be imposed on the receiving company after an absorption merger (ITM Alimentaire International)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Constitutional Council was seized of the conformity with the Constitution of a constant jurisprudence of the Court of Cassation according to which a sanction for anti-competitive practices committed prior to a merger-absorption by the absorbed company would be enforceable against the absorbing company. The question raised by the constant jurisprudence of the Court of Cassation (Cass. com., 21 January 2014, n° 12-29.166) is tricky. In the event of practices restricting competition, Article L. 442-6 of the Commercial Code applies. In the present case, in accordance with paragraph III of the same Article, the Minister for Economic Affairs brought

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  • University Paris II Panthéon‑Assas

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Jeremy Martinez, Principle of individual nature of penalties: The French Constitutional Court declares invalid the interpretation of a ruling of the French Supreme Court holding that sanctions against anti-competitive practices can be imposed on the receiving company after an absorption merger (ITM Alimentaire International), 18 May 2016, Concurrences Nº 4-2016, Art. N° 82104, pp. 200-201

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