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.
|Journal||European Competition and Regulatory Law Review|
|Early online date||1 Aug 2020|
|Publication status||E-pub ahead of print - 1 Aug 2020|
- Competition Law