Skip to main content

Lund University Publications

LUND UNIVERSITY LIBRARIES

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

Engel, Annegret LU ; Groussot, Xavier LU and Holmberg, Emilia (2024) p.187-218
Abstract
This chapter discusses the development of the ne bis in idem principle and assesses 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 is 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... (More)
This chapter discusses the development of the ne bis in idem principle and assesses 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 is 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. (Less)
Please use this url to cite or link to this publication:
author
; and
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
EU law, Ne bis in idem, Digitalisation, Competition Law
host publication
New Directions in Digitalisation: Perspectives from EU Competition Law and the Charter of Fundamental Rights
editor
Engel, Annegret ; Groussot, Xavier and Petursson, Gunnar Thor
pages
31 pages
publisher
Springer
external identifiers
  • scopus:85210013771
ISBN
9783031653803
9783031653834
9783031653810
DOI
10.1007/978-3-031-65381-0_10
language
English
LU publication?
yes
id
158d0550-22b7-45a4-81fe-ee68805ac2b7
alternative location
https://link.springer.com/book/10.1007/978-3-031-65381-0
date added to LUP
2024-11-11 11:59:49
date last changed
2025-07-12 01:43:47
@inbook{158d0550-22b7-45a4-81fe-ee68805ac2b7,
  abstract     = {{This chapter discusses the development of the ne bis in idem principle and assesses 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 is 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.}},
  author       = {{Engel, Annegret and Groussot, Xavier and Holmberg, Emilia}},
  booktitle    = {{New Directions in Digitalisation: Perspectives from EU Competition Law and the Charter of Fundamental Rights}},
  editor       = {{Engel, Annegret and Groussot, Xavier and Petursson, Gunnar Thor}},
  isbn         = {{9783031653803}},
  keywords     = {{EU law; Ne bis in idem; Digitalisation; Competition Law}},
  language     = {{eng}},
  month        = {{11}},
  pages        = {{187--218}},
  publisher    = {{Springer}},
  title        = {{The Digital Markets Act and the Principle of Ne Bis in Idem: A Revolution in the Enforcement of EU Competition Law?}},
  url          = {{http://dx.doi.org/10.1007/978-3-031-65381-0_10}},
  doi          = {{10.1007/978-3-031-65381-0_10}},
  year         = {{2024}},
}