The EU Court of Justice hands down a preliminary ruling on the division of competences between national competition authorities and the EU Commission as well as clarifying the application of the rules on double jeopardy (Slovak Telekom)

On 25 February 2021, the European Court of Justice handed down a preliminary ruling on the division of competences between national competition authorities ("NCA"s) and the Commission in the context of concurrent proceedings, also providing guidance on the application of the rules on double jeopardy (ne bis in idem) where fines are imposed by both authorities. What you need to know - key takeawaysUnder Article 11(6) of Regulation No 1/2003, NCAs are relieved of their ability to apply Articles 101 and 102 TFEU where proceedings initiated by the Commission relate to alleged infringements identical to those in proceedings brought by the NCAs (ie. the same practices, the same product, geographical markets, and period of time).An undertaking cannot be fined twice for the same EU

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Denis Fosselard, The EU Court of Justice hands down a preliminary ruling on the division of competences between national competition authorities and the EU Commission as well as clarifying the application of the rules on double jeopardy (Slovak Telekom), 25 February 2021, e-Competitions Telecom & Dominance, Art. N° 99687

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