The National Judge and Preliminary Rulings: Recent CJEU Case Law on Articles 101 and 102 TFEU

Abstract

This chapter aims to describe the interplay between the national judge – that is the jurisdiction responsible for making a reference to the Court for a preliminary ruling – and the Court’s preliminary rulings with respect to cartel and abuse of dominant position practices. It further contains a brief description of the Court of Justice in the larger scheme of European Union law and provides an overview of the preliminary ruling procedure. Finally, it gives examples of certain judgments (recent preliminary rulings from the Court) concerning Articles 101 and 102 in order to demonstrate how preliminary rulings help both the national judge and the development of EU law.