The Digital Markets Act and the Principle of Ne Bis in Idem: A Revolution in the Enforcement of EU Competition Law?

Abstract

This chapter will be discussing the development of the ne bis in idem principle and assessing whether its judicial interpretation and application in the last years can be said to constitute a revolution for the enforcement of EU competition law. The analysis will be divided into pre- and post-DMA litigation, starting from the creation of the principle of ne bis in idem in the interaction between the CJEU and ECtHR case law until after the adoption of the DMA with particular focus on two recent Grand Chamber cases of the CJEU: bpost and Nordzucker. Our main argument is that the post-DMA case law constitutes a major shift in the application of the principle of ne bis in idem and will thus significantly contribute to the enforcement practices under the DMA in particular and EU competition law in general.