Double Jeopardy Doesn't Block Dual Fines, EU Court Says

Law360 (April 3, 2019, 8:06 PM EDT) -- The prohibition against double jeopardy doesn’t block European Union member countries from imposing dual antitrust fines under both their own laws and that of the EU, the bloc’s top court ruled Wednesday.

The European Court of Justice sided with Poland’s antitrust enforcer in a case referred from Poland’s Supreme Court, which wanted to know if the legal doctrine prohibiting double jeopardy, called ne bis in idem, blocked some of the more than €11 million in abuse of dominance fines imposed on a major Polish life insurance company under the laws of the EU and Poland.

The principle doesn’t apply, according to...

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