Transnational “Ne Bis In Idem” Principle and European Competition Law with Regard to the Different Approaches to Corporate Criminal Liability Among EU Member States
In the following contribution three issues are discussed. First of all, this chapter discusses the meaning and the scope of the transnational “ne bis in idem” principle in the European Union law. The second issue deals with the applicability of this principle in European competition law in particular. Last but not least, this contribution focuses on the question if and to what extent the different approaches to corporate criminal liability among the EU Member States could influence the implementation of the “ne bis in idem” principle and lead to its breach.
The Principle of 'Ne Bis in Idem' in EC Antitrust Enforcement: A Legal and Economic Analysis
This article deals with the application of the principle of ne bis in idem in EC antitrust enforcement. The principle of ne bis in idem, laid down in Article 4 of Protocol No. 7 to the European Convention on Human Rights and in Article 50 of the Charter of Fundamental Rights of the European Union, is the European equivalent of the double jeopardy clause in the United States. It contributes to efficient law enforcement, in that it prevents over-punishment, creates incentives for efficient prosecution, prevents vexatious multiple prosecutions and creates incentives for efficient coordination between prosecutors. The application of the principle of ne bis in idem is of particular importance in the context of the EU network of competition authorities set up by Regulation No. 1/2003. It will have the likely and desirable effect of inducing effective coordination between the European Commission and the competition authorities of the Member States as well as harmonization of their laws and policies on fines and leniency.
Regulation (EC) No. 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a community code on the rules governing the movement of persons across borders
Official Journal No page date ►M1 Regulation (EC) No 296/2008 of the European Parliament and of the Council of 11 March 2008 L 97 60 9.4.2008 ►M2 Regulation (EC) No 81/2009 of the European Parliament and of the Council of 14 January 2009 L 35 56 4.2.2009 ►M3 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 L 243 1 15.9.2009 ►M4 Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 L 85 1 31.3.2010 ►M5 Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 L 182 1 29.6.2013 ►M6 Regulation (EU) No 1051/2013 of the European Parliament and of the Council of 22 October 2013 L 295 1 6.11.2013