Limiting Markets

All interviewees stated that there are no quantitative restrictions to the amount of economic research their universities can conduct. Many interviewees expressed they would be concerned if too much economic research would be conducted because they did not regard this as the role of a university. They also pointed to the restriction inherent in the Framework Act for Higher Education (Hochschulrahmengesetz, HRG), discussed in Chap. 4 (Sect., which states that there must still be sufficient capacity for research and teaching in the public interest. However, they also believed that the universities are still far removed from a stage where this would become a problem because universities have only started to generate private sector income and it does not yet account for a large percentage of all research. Limitation of markets, therefore, does not seem to be a problem in the universities under scrutiny and if, as some interviewees suggested, this should become necessary in the future to protect the capacity of public research and teaching as required by the HRG, this would firstly, only be an issue if agreed upon by universities or decided by a dominant university and secondly, could probably be covered by the exemption in Article 106(2) TFEU if there would be an appropriate entrustment act.

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