0n the Continued Inadmissibility of Preliminary References from National Competition Authorities -Time for a Change?

This article considers the latest attempt by an National Administrative Competition Authority, the Spanish Authority in this case, to overcome the seemingly insurmountable admissibility hurdles put in place by the Court of Justice of the European Union since the Corbiau, TDC A/S and Syfait rulings. The article will also briefly consider the possible impact on the admissibility of future requests for preliminary rulings from NACAs and indeed other National Regulatory Authorities as presently organised and operating in the Member States in light of the very prescriptive provisions regarding the requirements of independence in Directive 2019/1.