Toska ehf. and Lyf og heilsa hf. v EFTA Surveillance Authority. Application ne bis in idem principle. EFTA Court

The contested decisions concerned ESA’s investigations into potential anti-competitive agreements and/or concerted practices on the Icelandic retail pharmacy market upon which Toska and SKEL are active. Toska argued, inter alia, that the investigation breached the fundamental rights of legal certainty and ne bis in idem. The Court thus found that ESA had competence to investigate the suspected anti-competitive conduct and that the investigation did not breach the fundamental principles of legal certainty and ne bis in idem.