CASE COMMENTS: PUBLIC ACTIONS – FRANCE - PRICE CONTROL – PUBLIC ECONOMIC ORDER – ENTREPRENEURIAL FREEDOM

Public economic order: The French Constitutional Council rules that §2 of Art. L411-2 of the New-Caledonian Commercial Code breaches the French Constitution in that it provides for insufficient control by the administrative authority competent to control the price level of products and services (Magenta Discount)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By decision 2019-774 QPC of 12 April 2019, the Council had before it the constitutionality of a provision adopted for the very specific context of overseas France. The applicants contested the constitutionality of several provisions passed by the New Caledonian legislature ("Loi du pays") establishing "a permanent mechanism for controlling the margins" (see Commentary on the decision, p. 10) of economic operators. The aim was to combat inflation in a "very narrow market" (Ibid., p. 1) with specific constraints (in particular, particularly high intermediate costs for businesses). This mechanism for controlling prices and company margins was provided for in

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  • University Paris II Panthéon‑Assas

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Jeremy Martinez, Public economic order: The French Constitutional Council rules that §2 of Art. L411-2 of the New-Caledonian Commercial Code breaches the French Constitution in that it provides for insufficient control by the administrative authority competent to control the price level of products and services (Magenta Discount), 12 April 2019, Concurrences N° 4-2019, Art. N° 92379, pp. 187-188

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