CONFERENCE: 10 YEARS OF APPLICATION OF THE REGULATION 1/2003 - INTERPLAY BETWEEN PUBLIC AND PRIVATE ENFORCEMENT - NE BIS IN IDEM - ROUNDTABLE 3

Interplay between public and private enforcement: Uniform implementation of EU competition law and the principle of ne bis in idem (10 ans d’application du règlement 1/2003 et de la loi luxembourgeoise relative à la concurrence, Luxembourg-Kirchberg, 6 juin 2014)

Two themes were covered in the roundtable. The principle of ne bis in idem concerns the interplay between different procedures of sanctions of a public nature. The interplay between public and private enforcement has been considered in the draft damages directive and in the French case-law, whose analysis highlights the difficulties encountered. This interplay is a factor contributing to the uniform enforcement of competition law in the European Union.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Introduction Caroline NÂOMÉ Referendaire, Court of Justice of the European Union, Luxembourg 1. While the question of ne bis in idem is relatively narrow in scope, the principle being applicable only in criminal matters, the question of the interaction between the various proceedings that may take place in competition matters is of great importance in the quest for uniform application of this law. The overriding concern is that of achieving consistency between various decisions relating to the same cartel, a matter already addressed by Article 16 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid

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Authors

  • University Paris II Panthéon‑Assas
  • Belgian Competition Authority (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Laurence Idot, Jacques Steenbergen, Caroline Naômé, Interplay between public and private enforcement: Uniform implementation of EU competition law and the principle of ne bis in idem (10 ans d’application du règlement 1/2003 et de la loi luxembourgeoise relative à la concurrence, Luxembourg-Kirchberg, 6 juin 2014), December 2014, Concurrences N° 4-2014, Art. N° 69644, pp. 54-74

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