CASE COMMENTS: PROCEDURES - DUTY TO COOPERATE - OBSTRUCTION - SANCTION

Duty to cooperate: The French Competition Authority adopts three decisions relating to obstructionist practices and clarifies the obligation of cooperation of undertakings in investigation and prosecution procedures (Fleury Michon ; Nixon ; Les Mousquetaires)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Commenting on the decision by which the Constitutional Council had declared Article L. 464-2 C. com. (decision no. 2021-892 QPC of 26 March 2021), we expressed the feeling of unease that this decision left (v. Concurrences n° 2-2021, obs. Ch. Lemaire and M. Florent, Le Conseil constitutionnel déclare inconstitutionnelles les dispositions du second alinéa du paragraphe V de l'article L. 464-2 C. com. sanctionnant des pratiques d'obstruction à l'investigation ou à l'instruction), insofar as, after having established the existence of a violation of the Constitution, the Constitutional Council had deprived its own finding of effect since the sanctioned companies

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Adèle Azzi, Duty to cooperate: The French Competition Authority adopts three decisions relating to obstructionist practices and clarifies the obligation of cooperation of undertakings in investigation and prosecution procedures (Fleury Michon ; Nixon ; Les Mousquetaires), 19 July 2021, Concurrences N° 4-2021, Art. N° 103502, pp. 150-153

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