CASE COMMENTS : PROCEDURES – EUROPEAN COMPETITION NETWORK – NCA/COMMISSION’S JURISDICTION – NE BIS IN IDEM PRINCIPLE – MANUFACTURE OF ELECTRICITY DISTRIBUTION AND CONTROL APPARATUS
European competition network: The Court of Justice does not give up the criteria of the unity of the legal interest protected for the application of the ne bis in idem principle in competition cases (Toshiba Corporation)
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CJEU, 14 February 2012, Toshiba Corporation and Others, Case C-17/10
Highly anticipated since the delivery of Advocate General Kokott's Opinion on 8 September 2011, the Court's judgment in this case will disappoint those who had hoped for a development in its case-law on the application of the ne bis in idem principle in competition cases and the abandonment of the condition relating to the unity of the legitimate interest protected. They may be reassured to note that the Court, in appropriately pointing out the particular circumstances of this case, has not, at least on the face of it, definitively settled the issue.
The judgment also provides important
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