Glossary of competition terms

This Glossary is based on definitions from DG COMP’s Glossary of terms used in EU competition policy (© European Union, 2002) and the OECD’s Glossary of industrial organisation economics and competition law (© OECD, 1993). Each term is enriched with references of national case laws from the e-Competitions Bulletin and Concurrences Review.

Ne bis in idem

The ne bis in idem principle is laid down in Article 50 of the Charter of Fundamental Rights of the European Union:

« No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law. »

Transposed to the field of competition law, the European Court of justice stated « that principle thus precludes an undertaking being found liable or proceedings being brought against it afresh on the grounds of anti-competitive conduct for which it has been penalised or declared not liable by an earlier decision that can no longer be challenged » (ECJ, 14 february 2012, case Toshiba Corporation, C‑17/10, point 940).

© European Union

Glossary