The Czech Supreme Administrative Court rules that a concurrent application of EC law and national law by the NCA to one anticompetitive conduct does not violate the ne bis in idem principle (RWE Transgas)

I. Introduction On 31 October 2008 the Supreme Administrative Court of the Czech Republic quashed a judgment of the Regional Court in Brno of 22 October 2007 which had annulled a decision of the NCA whereby a fine of CZK 240 mil. (approx. EUR 8,5 mil.) had been imposed on RWE Transgas for an abuse of dominant position in the wholesale market of gas supplies in violation of Article 82 of the EC Treaty and Section 11(1) of the Czech Competition Act then in force [1]. The case was remanded to the Regional Court for further procedure. In essence, the Supreme Administrative Court held that the Regional Court erred in its conclusion that the declaration by the NCA of the unlawfulness of the conduct at issue under both the EC and national competition law had violated the ne bis in idem

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  • Havel, Holasek & Partners (Prague)

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Roman Barinka, The Czech Supreme Administrative Court rules that a concurrent application of EC law and national law by the NCA to one anticompetitive conduct does not violate the ne bis in idem principle (RWE Transgas), 31 October 2008, e-Competitions Bulletin October 2008, Art. N° 22673

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