The Principle of 'Ne Bis in Idem' in EC Antitrust Enforcement: A Legal and Economic Analysis
22 Pages Posted: 22 Dec 2008
Date Written: February 11, 2003
Abstract
This paper 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 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 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.
Keywords: antitrust, enforcement, Europe, ne bis in idem, double jeopardy, fines, leniency
JEL Classification: K00, K14, K42, K21, L40
Suggested Citation: Suggested Citation
Do you have a job opening that you would like to promote on SSRN?
Recommended Papers
-
Illinois Walls: How Barring Indirect Purchaser Suits Facilitates Collusion
By Maarten Pieter Schinkel, Jan Tuinstra, ...
-
Should Private Antitrust Enforcement Be Encouraged in Europe?
-
Cartel Damages Claims and the Passing-On Defence
By Theon Van Dijk and Frank Verboven
-
Measuring the True Harm from Price-Fixing to Both Direct and Indirect Purchasers
By Leonardo J. Basso and Thomas W. Ross
-
The Limits of State Indirect Purchaser Suits: Class Certification in the Shadow of Illinois Brick
-
Cartel Damages Claims and the Passing-On Defense
By Frank Verboven and Theon Van Dijk
-
The Distribution of Harm in Price-Fixing Cases
By Jan Boone and Wieland Müller