The Court of Justice rules in PZU Życie that National Competition Law is alive and kicking thanks to the threefold test for idem.

MONIKA LYNCH, FRANCO RIZZUTO

Research output: Contribution to journalArticlepeer-review

Abstract

On 3 April 2019, the Court of Justice of the European Union (CJEU) ruled in PZU Życie, in reply to a reference for a preliminary ruling from the Polish Supreme Court, that the principle of ne bis in idem, enshrined in Article 50 of the Charter of Fundamental Rights of the European Union (Charter), must be interpreted as not precluding a national competition authority from fining an undertaking in a single decision for an infringement of both national competition law and Article 82 EC (now Article 102 TFEU). In essence, this is because national and EU competition law do not protect the same legal interest. National competition law is therefore still alive and kicking notwithstanding the convergence of the two sets of rules.
Original languageEnglish
Pages (from-to)236-242
JournalEuropean Competition and Regulatory Law Review
Volume4
Issue number3
Early online date1 Aug 2020
Publication statusE-pub ahead of print - 1 Aug 2020

Keywords

  • Law
  • Competition Law

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