| Tittel: | Five Meanings of ‘Competition’ in EU Law | | Ansvar: | Trygve Harlem Losnedahl | | Forfatter: | Losnedahl, Trygve Harlem  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Oslo law review | | Utgitt: | Oslo : Universitetsforlaget, 2025 | | Omfang: | S. 1-15 | | Serie: | Oslo law review ; 2/2025 | | Emneord: | AI - Artificial intelligence / EU / Konkurranse / Konkurranserett / Offentlige anskaffelser / Vitenskapelig publikasjon | | Stikkord: | AI Act | | Note: | Open access, Attribution 4.0 International (CC BY 4.0)
Volume 11 nr. 2.
Bilde og utgaveinformasjonen på Scandinavian University Press samsvarer ikke, pr. 15.06.25. | | Innhold: | Abstract
Competition is everywhere – both the concept and the word. Yet the fundamental question of what the word ‘competition’ means in law is little explored, even if it is prevalent in regulations spanning from employment to telecommunications, and from public procurement to emissions trading. This article shows that legislation and judgments often use the word ‘competition’ with unclear meaning, and presents five meanings of the word. These meanings are then used to show how legal interpretation can be improved – in specific provisions, on the level of principles and objectives, and on a more fundamental conceptual level. The five meanings are: competition as market structure; competition as a market-making process; competition as a competitive situation for a scarce good; competition as a contest; and competition as competitive parameters. The more fundamental conceptual arguments about ‘competition’ in the article are that where competition is usually understood with inherent ends of efficiency, contests are mere procedures with no other inherent goals than to allocate a scarce prize. The other is that competitive parameters should be understood from a baseline of contractual freedom, and thus can only be narrowed, not expanded.
Keywords: competition, contests, EU law, public procurement | | Del av verk: | Oslo law review 2/2025 |
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