ALERT: REGULATION - REFORM - STRUCTURAL INJUNCTION - PHONE RECORDS - ECONOMIC PUBLIC ORDER - FREEDOM OF ENTERPRISE - RETAIL COMMERCE - DISTRIBUTION CONTRACTS - RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE
Draft bill on growth and activity: The Constitutional Council rejects the structural injunction mechanism and access to phone records
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Constitutional Council, 5 August 2015, Decision No. 2015-715 DC (Law for Growth, Activity and Equal Economic Opportunities)
"[...]that, however, on the one hand, the contested provisions may lead to the prices or margins charged by the undertaking or group of undertakings being called into question and, where appropriate, to an obligation to amend, supplement or terminate agreements or acts, or to dispose of assets, even though the dominant position of the undertaking or group of undertakings may have been acquired on the merits and no abuse has been found to have occurred ; that, on the other hand, the contested provisions apply throughout the territory of
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