CASE COMMENT : ANTICOMPETITIVE PRACTICES - PENALTY SANCTIONS - PRINCIPLE OF NON BIS IN IDEM

Non bis in idem: The Competition Council decides on the implementation of the non bis in idem principle to sanctions pronounced by Competition authorities (Neuf Télécom/France Telecom)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts Neuf Télécom accused France Télécom of abusing its dominant position on the market for broadband Internet access services. Before the Competition Council, France Telecom argued that "should the Council decide to impose a financial penalty, it could not, without violating the non bis in idem rule, sanction the same facts and take into account the same damage to the economy as that already "sanctioned" by Decision No. 04-D-18, a penalty aggravated by the Paris Court of Appeal in its decision of January 11, 2005". By decision no. 04-D-18 [1], the Commission had sanctioned France Telecom for not complying with the injunction "to offer third party operators

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Marie Koehler de Montblanc, Non bis in idem: The Competition Council decides on the implementation of the non bis in idem principle to sanctions pronounced by Competition authorities (Neuf Télécom/France Telecom) , 7 November 2005, Concurrences N° 1-2006, Art. N° 27317, www.concurrences.com

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