CASE COMMENTS: PROCEDURES – EUROPEAN UNION – ANTICOMPETITIVE PRACTICES – RIGHTS OF DEFENCE – PRINCIPLE NE BIS IN IDEM – CONDITIONS

Rights of defence: The Court of Justice of the European Union rules that the ne bis in idem principle does not apply to a decision of a national competition authority imposing two fines through the parallel application of national and Union law (Powszechny Zakład Ubezpieczeń na Życie)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. At the beginning of this preliminary ruling case, a Polish company was sanctioned by the national competition authority for having abused its dominant position on the market for group life insurance, both under national law for the period 2001-2007 and under EU competition rules, but only for the part of that period beginning with Poland's accession to the Union. While the parallel application of the two bodies of rules to the same practices is not new (CJEU, 13 Feb. 1969, Walt Wilhelm and others, aff. 14/68, EU:C:1969:4), the Polish authority had, however, taken care to distinguish in its decision between the fine imposed under national law and that

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Alexandre Lacresse, Barbara Monti, Rights of defence: The Court of Justice of the European Union rules that the ne bis in idem principle does not apply to a decision of a national competition authority imposing two fines through the parallel application of national and Union law (Powszechny Zakład Ubezpieczeń na Życie), 3 April 2019, Concurrences N° 3-2019, Art. N° 91485, pp. 153-154

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