The Housekeeping of the Court of Justice: the ne bis in idem Principle and the Territorial Scope of NCA Decisions Case Comment to the Nordzucker Judgment of the Court of Justice of 22 March 2022, Case C-151/20

Abstract

The case commentary examines the recent ruling of the Court of Justice in the Nordzucker case. This judgment is important not only for the new approach to the ne bis in idem principle in competition law (which was first established in the Bpost case, issued the same day), but also for the clarification of the concept of “idem” with respect to the territorial effects of the infringement on the territories of two member states. The judgment thus provides guidance for the extraterritorial application of EU competition law.

Keywords

• eu competition law
• ne bis in idem
• national competition authorities
• protection of the same legal interest