Competenze parallele e ne bis in idem: principi concorrenti nella nuova regolamentazione antitrust

Regulation no. 1/2003 introduces an enforced competition system between the Commission and the National Competition Authorities (NCAs), based on an informal Network (ECN) which ensures mutual assistance and close cooperation. In order to value the compatibility of a parallel competence system with the ne bis in idem principle, the article is structured as follows: 1)The analysis of certain aspects of ECN; 2) The development of the application of the ne bis in idem in the competition cases ruled by the Community Courts; 3) the compatibility of the parallel competencesystem with the ne bib in idem efects of its adoption on the reg.1/03. The purpose of the article is to argue that parallel NCAs actions against a cartel could not be considered as infringing the ne bis in idem principle, since a Community effect of NCA decisions is not established by the new regulation. Any other conclusion would lead to a structural under-enforcement of EC competion rules