Austria ∙ Ne Bis In Idem Principle – the Austrian Sugar Cartel Case journal article Heinrich Kühnert, Mirko Marjanovic European Competition and Regulatory Law Review, Volume 7 (2023), Issue 4, Page 227 - 231
Bpost and Nordzucker AG: The End of Competition Law Enforcement Exceptionalism Concerning the Principle of Ne bis In Idem journal article Francesco Rizzuto European Competition and Regulatory Law Review, Volume 6 (2022), Issue 2, Page 154 - 166 Case C-117/20 bpost SA and Case C-151/20 Nordzucker AG, Zudzucker AG, Agrana Zucker GmbH, Judgments of the Court of Justice (Grand Chamber) of 22 March 2022 The Court of Justice of the European Union in two Grand Chamber rulings has overturned its established case law on the conditions that must be satisfied in order for the protection against double jeopardy provided by Article 50 of the EU Charter of Fundamental rights to be applicable. The controversial and doctrinally weak third condition concerning the identity of the legal interest , in addition to the identity of the facts and persons, has now been abandoned. It has been replaced by the legal exception rule provided for in Article 52 of the Charter. In essence, this means that the double jeopardy rule will not be infringed by enforcers of EU Competition Law in parallel or subsequent enforcement proceedings including complementary proceedings and penalties based on distinct legal grounds as long as the requirements of Article 52, as clarified by the Court are respected. The rulings thus ends EU Competition law enforcement exceptionalism compared two other areas of EU law regarding the conditions that must be met in order for the protection against ‘criminal’ proceedings and penalties to be satisfied.
Theories of Harm in the Implementation of the Foreign Subsidies Regulation Adina Claici, Peter Davis, Gerhard Dijkstra