Monopolies in Outer Space: Is Europe Ready?

Abstract

The liberalization of outer space in the past decades has given birth to a new market, one of crucial significance to our everyday lives. However, this new reality has created a situation where the goals of the Space Treaties are subjected to the fluctuations of market forces. An international Competition Law framework could prove indispensable in safeguarding space activities from abuse, but its fragmentation leaves such a task down to national administrations. Despite that, at the national level there exists no competition law dedicated to space activities; the latter are subject to antitrust provisions sometimes even predating the birth of the space market. Against this backdrop, the present article will attempt to examine the aptitude of the European competition framework to effectively regulate space activities with a focus on the antimonopoly provision of Article 102 TFEU. Antitrust, Competition Law, EU Law, Space Market, TFEU 102