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Risk of ‘double jeopardy’ should be subject to ‘unified test,’ EU court opinion says

By Lewis Crofts ( September 2, 2021, 08:43 GMT | Insight) -- Companies that face a second investigation into behavior that has already been punished should be protected from “double jeopardy” through a “unified test” under human rights law, according to a legal opinion for the EU’s top court. Advocate General Michal Bobek said judges need to look at three factors — the identity of the company, the underlying facts and the “protected legal interest” — to decide if a second probe overlapped with a first.Companies that face a second investigation into behavior that has already been punished should be protected from “double jeopardy” through a “unified test” under human rights law, according to a legal opinion for the EU’s top court....

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