Scholarlink

This chapter will be discussing the development of the ne bis in idem principle and assessing whether its judicial interpretation and application in the last years can be said to constitute a revolution for the enforcement of EU competition law. The analysis will be divided into pre- and post-DMA litigation, starting from the creation of the principle of ne bis in idem in the interaction between the CJEU and ECtHR case law until after the adoption of the DMA with particular focus on two recent Grand Chamber cases of the CJEU: bpost and Nordzucker. Our main argument is that the post-DMA case law constitutes a major shift in the application of the principle of ne bis in idem and will thus significantly contribute to the enforcement practices under the DMA in particular and EU competition law in general.

错误：搜索内容不能为空，请输入英文关键词
错误：关键词超出字数限制，请精简
高级检索

The Digital Markets Act and the Principle of Ne Bis in Idem: A Revolution in the Enforcement of EU Competition Law?

  • 章节

  • 出版模式：

    开放获取

  • 发表日期：

    2025年

查看全文
  • Annegret Engel,
  • Xavier Groussot,
  • Emilia Holmberg

摘要

This chapter will be discussing the development of the ne bis in idem principle and assessing whether its judicial interpretation and application in the last years can be said to constitute a revolution for the enforcement of EU competition law. The analysis will be divided into pre- and post-DMA litigation, starting from the creation of the principle of ne bis in idem in the interaction between the CJEU and ECtHR case law until after the adoption of the DMA with particular focus on two recent Grand Chamber cases of the CJEU: bpost and Nordzucker. Our main argument is that the post-DMA case law constitutes a major shift in the application of the principle of ne bis in idem and will thus significantly contribute to the enforcement practices under the DMA in particular and EU competition law in general.