Scarce licences

What obligations scarcity does create

What does follow legally from self-created scarcity — and why lotteries or periodic redistribution are not automatically required.

Part of: Scarce licences

What does follow legally from self-created scarcity — and why lotteries or periodic redistribution are not automatically required.

Three main forms

  • Comparative test — candidates are ranked on qualitative criteria (business plan, experience, control measures). Requires strong and objectifiable criteria.
  • Lottery — all candidates meeting the threshold requirements draw for the licence. Maximally transparent, but provides limited steering on quality.
  • Hybrid model — first a qualitative test, then a lottery among the remaining suitable candidates.

Points of attention

Procedures must be foreseeable (published in advance), guarantee equality (same information for everyone) and be verifiable (reasoning afterwards).