SUSTAINABILITY AND ARTICLE 101(1) TFEU barriers, and sunk costs, and to evaluate cases according to their effect on the market. Competition policy is economic policy concerned with economic structures, economic conduct, and economic effects. It is for this reason that in a book on competition law an introduction to the economics of competition is of importance.”23 Over more than 80 pages, the chapter provides an excellent overview of the different concepts, schools and approaches of competition economics, but nowhere does it define “competition” as such. Most frequently, the term “competition” comes with an adjective, such as “perfect competition”, “oligopolistic competition”, “workable competition”, “effective competition”, “unfair competition”, all of which remain ambiguous as to whether they refer to a process, a state of play, or both. Not even the detailed chapter on Article 101 contains such a definition, although the standalone word “competition” is part of the norm. The authors elegantly avoid the issue by defining what constitutes a “restriction” of competition. In a random sentence, the book chapter refers to “restrictions of rivalry”24 – does this mean that competition is just “rivalry”? If so, it would be a process, not a state of play. In the German scholarly literature, the massive “Kommentare”, eminent authors from academia25 suggest that the term “competition” is meaningless and requires colorization, which then depends on the competition policy concept pursued. On the legal side, an eminent scholar26 acknowledges the dilemma of working with a key concept that remains undefined, as neither the Treaty nor economic competition doctrine provide any definition. There are to lines of thought about what competition might stand for. Some emphasise the voluntary limitation of the company’s own freedom of conduct (“Selbständigkeitspostulat”), others the impact on the alternative choices of third parties, be they competitors, suppliers, or buyers. The Court combines the two aspects but remains vague. On one hand there must be a limitation of the parties’ freedom to act. On the other hand, there must be an impact on something which falls within the scope of what we call “competition”.27 While antitrust law, antitrust policy and antitrust economics have given quite different interpretations to the concept of “competition” since antitrust was invented in 1890, biodiversity was never part of it. However, it does not sound 23 Lucas Peeperkorn & Vincent Verouden, in Faull / Nikpay, p. 4. 24 Ali Nikpay, Lars Kjolbe & Jonathan Faull, in Faull & Nikpay, p. 234. 25 Ingo Schmidt & Justus Haucap, Wettbewerbspolitik und Kartellrecht, 10th Edition 2013, p. 3. 26 Volker Emmerich, Artikel 101 Abs. 1 AEUV, in: Ulrich Immenga & Ernst-Joachim Mestmäcker, Wettbewerbsrecht, Band 1. EU/Teil 1 (5th Edition 2012), paragraph 107 ff. 27 Ibid., at para. 109.
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