There and Back Again: Towards a Coherent Ne Bis In Idem Principle In EU law

In his Opinions of 2 September 2021, in Cases C-151/20 Nordzucker and C-117/20 Bpost, Advocate General Bobek recommended that the Court of Justice of the European Union (CJEU) set out coherent guidance for national courts on the application of the ne bis in idem principle, upholding the unified test which should rely on three elements: the identity of the offender, the relevant facts and the protected legal interest.

The CJEU is now faced with a historic chance not only to clarify the legal conditions of the ne bis in idem principle, but also to clarify how antitrust law applies alongside sector-specific regulations, such as the upcoming Digital Markets Act, and to define the limits to parallel and overlapping EU antitrust investigations.

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• There and Back Again: Towards a Coherent Ne Bis In Idem Principle In EU law, Kluwer Competition Law Blogg