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As the healthcare sector grows in significance due to social and technical developments the EU competition rules are likely to be more frequently applied to healthcare both as a result of the broad interpretation of the concept of undertaking and because the applicable antitrust rules are since...
Persistent link: https://www.econbiz.de/10013132591
Whereas the EU's internal market rules govern market access and public intervention, its competition rules are concerned with the market conduct of private parties. When do the competition rules apply to healthcare? In principle the scope for application of the competition rules to the...
Persistent link: https://www.econbiz.de/10013090330
In the EU harmonisation of healthcare has long been elusive. Article 168 paragraph 7 TFEU even forms a sector-specific subsidiarity clause. Meanwhile the ECJ handed down a series of judgments concerning patients' rights to reimbursement for healthcare consumed in other Member States. An initial...
Persistent link: https://www.econbiz.de/10013124138
The Netherlands is an early mover in healthcare liberalisation. It has a dual policy towards competition enforcement in the sector: not only the general competition rules (the prohibitions on cartels and the abuse of dominance, and merger control) but also rules of sector specific competition...
Persistent link: https://www.econbiz.de/10014198409
Economic regulation by independent regulatory authorities is justified in a legal sense by theories based on delegation, (partial) ministerial responsibility and judicial review, or more recently on regulatory contracts and stakeholder representation. While none of these models is fully...
Persistent link: https://www.econbiz.de/10014207697