Bpost and Nordzucker cases: ne bis in idem principle in competition law

The application of the ne bis in idem principle in competition law cases has been much discussed in recent years. In the recent Bpost and Nordzucker cases, the Court of Justice of the European Union ‍⚖️📝 revisited its case law. It ruled that, as in other areas of EU law, the relevant criterion for examining the ‘idem’ requirement is the identity of the material facts. Read the recent article by Sébastien Engelen, contrast competition partner, and Aline Nardi, UC Louvain law graduate and also former research assistant at contrast.