Navigating ne bis in idem: bpost, Nordzucker and the Digital Markets Act

Abstract

The Court of Justice of the European Union has recently issued its judgments in bpost and Nordzucker, in which it considers the scope and interpretation of the ne bis in idem principle (i.e., the protection against double jeopardy) provided by EU law. This article sets out some of the key takeaways from the two judgments and discusses their potential implications in navigating the forthcoming overlap between the Digital Markets Act and EU competition law enforcement. While bpost and Nordzucker provide welcome clarification as regards due process and proportionality in this context, key questions remain unanswered and we can expect more litigation in this area moving forward.