Court of Justice 2 September 2021, C-151/20 (Bundeswettbewerbsbehörde v Nordzucker AG and Others.)

Also known as

Advocate General Bobek's opinion addresses the legal implications of the principle ne bis in idem in the context of competition law, specifically regarding whether parallel proceedings by different national competition authorities (NCAs) can occur for the same conduct under both EU and national laws. The opinion emphasizes the need to clarify the criteria for determining the identity of the protected legal interest when multiple NCAs are involved, particularly in light of the existing case law and the decentralized application of EU competition law. Furthermore, it raises questions about the relevance of leniency programs and the territorial effects of prior decisions on subsequent actions by NCAs.AI