In contradiction with the position of the Supreme Court, which recently held that the merging company in a merger could not be held responsible for the criminal liabilities of the merged company (see www.lawdepartment.net/global "Mergers and criminal liability", GC, 2001, VI(1), 68 ) the State Council held that the Financial Market Council (Conseil des Marchés Financiers) could apply a fine to the merging company for the breach of securities regulations committed by the merged company before the merger took place.
Source: State Council, 22nd November, 2000. Jacques Buhart, Franck Menand, Coudert Frères