Law, College of


Date of this Version



Article in Proceedings of the 61st (2018) Colloquium on the Law of Outer Space, vol. 61 (2018), pp. 285–300.


Copyright © 2018 Frans G. von der Dunk. Published by the International Institute of Space Law and Eleven International Publishing. Used by permission.


From the inception of European integration, a regime trying to regulate and arrange competition as much as considered necessary for the benefit of society at large has been one of the core elements of the European Union’s legal order. While the European Union has over the past few decades become more and more involved in the European space effort, this has so far hardly given rise to fundamental application of this competition regime to space activities, even if space also in Europe increasingly has become commercialized and privatized. The current paper investigates the reasons and rationale for this special situation, addressing inter alia the special character of outer space activities and the space industry and the role of the European Space Agency in this respect.