The operation of ne bis in idem in the application of European Union competition law rules across the European Union: re
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The operation of ne bis in idem in the application of European Union competition law rules across the European Union: recent developments in the light of the Toshiba case Michele Messina
Published online: 14 June 2012 © ERA 2012
Abstract The recent judgment of the Court of Justice in the Toshiba case, originating from a preliminary ruling from the Regional Court in Brno, clarified some important issues concerning the relationship between the European Commission and the national competition authorities with regard to their actions in the application of European Union and national competition law rules respectively, and the operation of ne bis in idem within the European Union. The aim of the article is to highlight the most important findings like the confirmation of the Walt Wilhelm ruling with regard to the parallel application of European Union and national competition law and the operation of the principle of ne bis in idem. Keywords Parallel application EU and national competition law · Principle of ne bis in idem · European Competition Network · Charter of Fundamental Rights of the EU
1 Introduction Cartel cases are always a great source of intellectual stimulation for practitioners and academics alike. The case of the Gas Insulated Switchgear (GIS) cartel is not an
M. Messina is a Lecturer in European Union Law, University of Messina; formerly Deputy Head of Section, European Business Law, Academy of European Law (ERA), Trier. M. Messina wishes to thank all his former colleagues at the Academy as well as the members of the Editorial team of the ERA Forum for the fruitful and stimulating cooperation during his years in Trier. M. Messina, LLM, PhD (B) Department of Political, International and European Union Law, English and Anglo-American Studies, University of Messina, Piazza XX settembre, 1, 98122 Messina, Italy e-mail: [email protected]
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exception to that “rule”; the aftermath of the 2007 Commission decision1 produced interesting effects for the development of public enforcement of European Union Competition law. The recent judgment of the Court of Justice in the Toshiba case,2 originating from a preliminary ruling from the Regional Court in Brno, clarified some important issues concerning the relationship between the European Commission and the national competition authorities with regard to their actions in the application of European Union and national competition law rules respectively, and the operation of ne bis in idem within the European Union. The aim of the present article is to highlight the most important findings and future prospects in that specific area.
2 Some clarifications on the operation of the ne bis in idem principle in the application of European Union and national competition law rules: the importance of the territorial and temporal tests The ne bis in idem principle is recognised as a general principle of law at European Union level, and now enjoys the status of a fundamental right of the European Union under Article 50 of the Charter of Fundamental
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