Request for a Preliminary Ruling on the Non Bis in Idem Principle in Competition Law Matters, or How to Reconcile Homogeneity and Effectiveness

In its judgment of 19 February 2020 the Brussels Court of Appeal (Court) refers two questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the application of the non bis in idem principle. The key question in the underlying dispute is whether a national competition authority can impose a sanction on an undertaking that has already been acquitted from an administrative sanction imposed by a national sectoral regulator on the basis of sector-specific legislation. Faced with different approaches to the issue, the Court decided to seek guidance from the CJEU. The annotated judgment is especially interesting because it provides a unique insight of the position of the European Commission on this matter.