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Court case

Slovak Telekom

The Commission takes note of the judgment of the Court of Justice of the European Union in the Slovak Telekom case.

The Court of Justice confirms that, the Commission’s opening of proceedings under Article 2(1) of Regulation 773/2004, pursuant to Article 11(6) of Regulation 1/2003, relieves the National Competition Authorities (NCAs) from the power to apply Article 101 and 102 TFEU to the same case, that is, the same practice(s) by the same undertaking(s) on the same relevant geographic and product market, in the same timeframe.

The judgment also confirms that the principle of restricting the possibility of a defendant being prosecuted/fined repeatedly on the basis of the same offence, act, or facts (ne bis in idem principle) does not apply to decisions adopted separately and independently by both the Commission and the competent NCA if the facts underlying those decisions are not identical.

See also Curia's press release.

Related topics

Antitrust Slovak Republic

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date:  26/02/2021