I attach the slides of the presentation I made last week on the above subject at the conference held in Bruges to celebrate the 10th anniversary of the Global Competition Law Centre (GCLC)'s creation.
I was lucky to take part in a great panel with Judge Alan Rosas, Sir Francis Jacobs, and Eric Gippini-Fournier.
My presentation focused on two themes:
- why is the case law on Article 102 TFEU much less conceptually clear than the case law on Article 101 TFEU. The early preliminary rulings adopted by the CJEU in the 60s and 70s may be part of the explanation; and
- why preliminary rulings are so critical to the evolution of the CJEU case law in competition law, in particular given the large number of settlements adopted by the Commission.