Ne bis in idem

Abuse of dominance, Amazon, Digital markets, Digital Markets Act, European Commission, European Union, National competition authorities (NCAs), Ne bis in idem

(University Carlos III of Madrid, Spain)/ /Leave a comment

The final text of the DMA, after the Council’s final approval last 18th July, opened up, yet again, speculation on its enforcement. Although the Commissioner for the Internal Market Thierry Breton promptly confirmed that DG Connect would be the Directorate to apply and oversee the compliance of the DMA’s rules and obligations, several questions still…

European Court of Justice, Ne bis in idem

, , (Sidley Austin LLP)/ /Leave a comment

On 22 March 2022, the Court of Justice of the European Union (CJEU) issued judgments in Cases C-117/20 bpost (bpost) and C-151/20 Nordzucker and Others (Nordzucker). The judgments clarify the scope of protection afforded by the principle of ne bis in idem where EU competition law operates to regulate the same or similar conduct as…

European Court of Justice, European Union, Fundamental rights, Ne bis in idem

, (Sidley Austin LLP)/ /Leave a comment

In his Opinions of 2 September 2021, in Cases C-151/20 Nordzucker and C-117/20 Bpost, Advocate General (AG) Bobek recommended that the Court of Justice of the European Union (CJEU) set out coherent guidance for national courts on the application of the ne bis in idem principle, upholding the unified test which should rely on three…

Abuse of dominance, Digital economy, Digital Markets Act, European Court of Justice, Fundamental rights, Ne bis in idem, Platforms

(White & Case)/

In my second post on matters related to the DMA Proposal (see for another post here), I would like to draw the readers’ attention to the role of the Court of Justice. I am not going to touch upon potential challenges of the DMA or questions of judicial review of acts taken by the Commission…

Competition proceedings, European Court of Justice, National competition authorities (NCAs), Ne bis in idem

(University of Göttingen, Germany)/ /Leave a comment

In its judgment of 25 February 2021 in the case of Slovak Telekom, the European Court of Justice (ECJ) reaffirmed its jurisprudence on the ne bis in idem rule and clarifies its relationship and functioning with art. 11 (6) of Regulation 1/2003. Judging from the facts as they are presented in the ECJ’s ruling, the…

Abuse of dominance, Double jeopardy, Ne bis in idem, Türkiye

, , (ACTECON)/ /Leave a comment

Introduction The Ankara Regional Administrative Court’s 8th Administrative Chamber (“Regional Court”) recently annulled the decision of the Ankara 2nd Administrative Court (“Administrative Court”)[1], in which a lawsuit against the Turkish Competition Authority’s (“TCA”) Mey İçki-2 decision[2] was dismissed[3]. The Regional Court’s decision is of crucial importance in two ways: (i) first, as mentioned in our…

Competition law, Investigations, Ne bis in idem, Türkiye

, , (ACTECON)/ /Leave a comment

Introduction In the previous days, the Turkish Competition Authority (“TCA”) resolved under its decision dated 26.03.2020 and numbered 20-16/234-M to open an investigation against the undertaking operating in the automotive sector in order to re-evaluate its decision dated 24.06.2009 and numbered 09-30/637-150 since it was annulled by the 13th Chamber of Council of States. Given…