Canal+ constitutional appeal fails
October 12, 2012
Canal Plus’s appeal to France’s constitutional court claiming the regulator’s imposition of ‘remedies’ relating its 2007 takeover of TPS, has failed. The CSA has imposed the remedies because C+ failed to meet the conditions set at the time of the deal.
The court ruled the competition authority did not have the power to impose disproportionate penalties but had not gone beyond its remit. It also ruled that the authority’s procedures and practices conformed to general principles of impartiality and independence.
Canal Plus said the constitutional court’s decision would not impact on the current hearing before the Conseil d’État itself, and that it was ultimately up to the Conseil d’État to decide on whether the sanctions imposed were justifiable.