11 Effect of Previous Decisions
Mark Brealey, Kyla George
Edited By: Mark Brealey QC, Kyla George
- Article 101 TFEU — Article 102 TFEU — Appeals — Infringement actions — Judicial remedies
This chapter examines the impact of previous decisions in competition litigation, and more specifically the extent to which previous determinations on factual and legal issues are admissible, persuasive, or binding in subsequent proceedings. It begins with a discussion of prior judicial decisions, focusing on how questions relating to the application of Articles 101(1) and Article 102 of the TFEU should be interpreted with the principles laid down by the Court of Justice of the European Union (CJEU). It then considers prior infringement decisions adopted by the competition authorities, taking into account the binding nature of such decisions as well as their personal scope. It also describes the scope and extent of the infringement that is said to be binding, findings of fact and whether they are binding or not, the decisions of other national competition authorities, and the issue of penalties and the principle of double jeopardy.