The Digital Markets Act, EU Competition Enforcement and Fundamental Rights: Some Reflection on The Future of Ne Bis in Idem in Digital Markets

This article discusses some of the implications of the entry in force of the Digital Markets Act for the future application of the EU Competition rules in digital markets and in particular for the continuing protection of the right against double jeopardy, enshrined in Article 50 of the EU Charter of Fundamental Rights. It questions whether the possibility that the DMA and Articles 101 and 102 TFEU might apply concurrently might be incompatible with this important safeguard.  On that basis