Ne Bis in Idem: The Final Word?

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On 22 March 2022, the Court of Justice of the European Union (CJEU) issued judgments in Cases C-117/20 bpost (bpost) and C-151/20 Nordzucker and Others (Nordzucker). The judgments clarify the scope of protection afforded by the principle of ne bis in idem where EU competition law operates to regulate the same or similar conduct as sectoral rules (bpost), or is applied in tandem by national authorities in various Member States (Nordzucker). The following outlines some key takeaways from the judgments and the potential application of the ne bis in idem principle moving forward, particularly as it concerns the EU’s upcoming Digital Markets Act (DMA).