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

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.