COMPETITION LAW, MERGER CONTROL AND ECONOMIC REGULATION IN THE DUTCH AND ENGLISH HEALTHCARE SECTORS – A COMPARATIVE DOCTRINAL APPROACH Mary Guy UEA Law.

Slides:

Advertisements

Similar presentations

COMPARATIVE CONTRACT LAW COMPARATIVE LAW LLM KUWAIT INTERNATIONAL LAW SCHOOL SPRING 2013 DR MYRA WILLIAMSON 1.

Advertisements

EU Cross-Border Care Directive from the Primary Care perspective Results of a simulation Rita Baeten Gothenburg, 3 September 2012.

The fundamentals of EC competition law

The National Tariff Ric Marshall Director of Pricing

Sam Pieters International Relations Unit DG COMP 12/11/2012 Break out session 1: State owned enterprises and competition neutrality.

Carol Propper CMPO University of Bristol and Imperial College London Jan 2012 TILEC Evidence on competition in UK health care.

Can the English National Health Service learn from the Dutch reforms? Meeting the medium term challenge of the financing of health & aged care in England.

Comments on the 2011 draft SGEI Package Damien Geradin Covington & Burling, Tilburg University and College of Europe Bruges, 30 September 2011.

Comparative Methodology in Law

1 A Broader Definition of Social Services (SSGI) devising a specific treament GCLC and DG COMP Conference on revising the Monti/Kroes package Bruges 30.

MSP course 2007 Phase 0 – Setting up Kumasi, Ghana 2008 Wageningen International.

Eurasian Corporate Governance Roundtable

Liberalizing Trade in Agriculture and Food Security Vanderbilt Symposium on Food Security Prof. Christine Kaufmann, University of Zurich Nashville, 16.

The Sixth Annual African Consumer Protection Dialogue Conference

3rd Baltic Conference on Medicines Economic Evaluation, Reimbursement and Rational Use of Pharmaceuticals Pricing and Reimbursement of Pharmaceuticals.

Adriaan DIERX International workshop on "Opportunities for growth, trade and investments after the crisis" 9 – 10 November 2012, Cluj-Napoca The contribution.

Coheur Alain : Mutualités Socialistes de Belgique Coheur Alain : Mutualités Socialistes de Belgique Common Challenges for Health and Care A Europe of patients.

Cross-sector collaboration for healthy urban environments Evaluating the protocol between Bristol City Council’s planning department and the local public.

The UK competition regime: an example of inter-institutional working Cathryn Ross Deputy Director of Remedies Competition Commission 2 February 2004.

IMPLEMENTING PRICING POLICIES IN INTERURBAN ROAD TRANSPORT IN NAS COUNTRIES IN THE LIGHT OF PRESENT TRANSPORT POLICY - THE EXAMPLE OF POLAND Monika Bak.

ICN Annual Conference UCWG: Panel on Dominance and State Created Monopolies 30 May 2007 Emil Paulis DG Competition.

An Introduction to regulation, it ’ s significance and rationale Kevin Hinde.

Module 2: Concepts and Principles Supporting change through Capacity Development.

The ASEAN Competition Conference Session 5: Comparisons of Competition Regimes in ASEAN Bali, Indonesia November 2011 Lim Chong Kin Director Head,

Study on social policy effects resulting from the scope of application of the European framework agreement on the prevention of health risks in the hairdressing.

ACLE 2009 Financial Markets Oversight An evaluation of competition enforcement in the Dutch financial markets Geert van der Klis, Pier Posthuma de Boer.

Strategy and Regulatory Frameworks

The future of commissioning 23 June 2015.

European Commission 1 By Sue BIRD European Commission, DG Employment, Social Affairs and Equal Opportunities Brussels, 17 December 2008 CECOP – CICOPA.

Finding a PPP Partner Essential EU Law Considerations Bernard Wilson Maribor, 18 January 2005 Bernard Wilson Maribor, 18 January 2005.

Regional Policy Major Projects in Cohesion Policy Major Projects Team, Unit G.1 Smart and Sustainable Growth Competence Centre, DG Regional and Urban Policy.

I. Introduction European and International Economic Law by Dr.iur.Thomas Müller, LL.M.

EU competition policy and healthcare services Diane Dawson Corpus Christi College Cambridge Based on forthcoming paper with Lyndsay Mountford.

1 HERCA: Heads of the European Radiological protection Competent Authorities – Working Group Medical Applications Clinical Radiology Audit Forum

Way Forward for the CCI: External Activities – making an impact OECD Seminar New Delhi 23 November 2009 Hilary Jennings Head of Competition Outreach.

The Bolkestein Directive at the European Union level Marjatta Melto EI Pan-European/ETUCE Vice-President.

NHS engagement with the EU NHS Confederation Conference 23 June 2010.

Determining the applicable national social security scheme An overview of the main rules in Regulations n° 883/2004 & 987/2009, …but also in Regulations.

Directorate General for Energy and Transport European Commission Directorate General for Energy and Transport Regulation of electricity markets in the.

Challenge the future Delft University of Technology Social enterprise and hybridity in housing organisations in Europe: a response to financial.

European Commission Joint Evaluation Unit common to EuropeAid, Relex and Development Methodology for Evaluation of Budget support operations at Country.

November ASEAN Competition Conference November 2011, Bali, Indonesia The challenges in introducing competition law and policy in ASEAN Member.

PRIMES [2] Legal & Policy Framework of GPP Presented by (Insert own logo)

COMPETITION LITIGATION AND COLLECTIVE REDRESS: A COMPARATIVE EU ANALYSIS An AHRC funded project Professor Barry Rodger, Law School University of Strathclyde,

Competition policy in healthcare (market) Trudi Makhaya 1.

2 2 nd CUTS-CIRC International Conference REVIEWING THE GLOBAL EXPERIENCE ON ECONOMIC REGULATION – A forward looking perspective Session VII - Interface.

The New EU Legislative Framework for Harmonisation Legislation for products Richard Lawson Deputy Director, Technical Regulations Sustainable Development.

EPHA Briefing Paper (Part 2): High Level Reflection Process on Patient Mobility in the EU - summary of final recommendations - December 2003 (See also.

FEDERAL ANTIMONOPOLY SERVICE Moscow 2006 New Antimonopoly Law of the Russian Federation.

SMP and dominance Pál Belényesi Verona 29 November November 2006.

1 Introduction to Competition Policy and Law National Training Workshop on Competition Policy and Law Gaborone, Botswana: 25 – 27 July 2007 Presenter:

Regulation Inside Government: Approach and lessons learned Punita Goodfellow, Better Regulation Executive, Cabinet Office, UK.

1 This project is supported by the European Union 3 rd MEDREG-IMME Seminar Reform and Opening of Maghreb Electricity Markets September 2013 MRA (Malta)

| Offices in London, Watford, Bristol & Birmingham Lawyers & Parliamentary Agents Issues in EU procurement law and human rights David Hansom,

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Concessions laws from EU procurement directives perspective.

ICT Solutions for achieving Smart Regulation The Dutch Programme

COMPETITION POLICY IN BISMARCK AND BEVERIDGE HEALTHCARE SYSTEMS: HOW DO COMPETITION LAW, ECONOMIC REGULATION AND MERGER CONTROL OPERATE IN DUTCH AND ENGLISH.

Project: EaP countries cooperation for promoting quality assurance in higher education Maria Stratan European Institute for Political Studies of Moldova.

An Economic Perspective

Marek Stavinoha Legal officer DG MOVE A4 European Commission

Public Private Partnerships (PPP)

IPR AND CONCENTRATIONS

Environmental Considerations in European Competition Law

The Law, the “Great Repeal Bill”, Health and Brexit

A framework for the analysis and comparison of legal aid structures

Lisbon Conference ‘Health care rationing in Europe’, 26 October 2018

The strategic plans of the Competition Commission

The Bolkestein Directive at the European Union level

State aid in the field of Energy: challenges

Outline Background: development of the Commission’s position

Presentation transcript:

COMPETITION LAW, MERGER CONTROL AND ECONOMIC REGULATION IN THE DUTCH AND ENGLISH HEALTHCARE SECTORS – A COMPARATIVE DOCTRINAL APPROACH Mary Guy UEA Law School / Centre for Competition Policy (CCP), University of East Anglia (UEA), Norwich. UK Legal Research Methods and Methodologies Conference - “Celebrating Diversity, Sharing Insights” University of Bristol 16 September /11

Overview 2/11 Doctrinal analysis: elements of research and associated methodologies: applying “economic” laws to a “social” sector… A healthcare structure – framework for analysis… Comparative analysis: the Netherlands and England – overview of differences and similarities… Comparative approaches to competition law, merger control and economic regulation…

Doctrinal approach… Starting-point: Health and Social Care Act 2012 (HSCA 2012) Part 3, Chapter 3 “Competition”… - CA98, EA02, Procurement, Patient Choice and Competition Regulations Concepts derived from research sources including statute, case law, regulatory guidance… - “undertaking”; - “enterprise”; - “patients’ interests”… Extrinsic considerations: social justice, economic theory, politics… 3/11

Competition and healthcare – Contextualisation, and/or an interdisciplinary approach? Links between law, economics and politics; - Efficiency/equity; state/market; competition law/SGEI; - Market definition problematic in healthcare… Applying general principles, and adapting these where necessary (Greer)… - Transposition of concepts developed in other sectors – e.g. significant market power (SMP), economic regulation… Not socio-legal research, nor “law-in-context”? - “Internal” / “External” within the confines of a doctrinal approach; - Competition lawyer looking at healthcare – health lawyer looking at competition; - Competition becoming recognised as a theme within health law in the Netherlands… 4/11

A healthcare structure - framework for analysis… 5/11

Comparing the Netherlands and England… an overview of differences and similarities Differences Similarities Civil / common law systems; Bismarck social insurance system / Beveridge taxation- funded NHS; Different models of competition (Enthoven)… Incorporating “healthcare values”: affordability, accessibility and quality, patient interests etc… Application of EU competition law… Influence of liberalising other sectors (utilities)… 6/11

Competition law – a comparative approach… harmonisation?… EU LevelState aid rules Abuse of dominance provisions Anticompetitive agreements provisions Van de Gronden – “Euro-national” competition rules in healthcare… National Level Services of General Economic Interest (SGEI) exception Significant Market Power (SMP) Patient interests as justification for anticompetitive behaviour... 7/11

Economic regulation – a comparative approach… Functional equivalence? Competition Authority Healthcare Regulator Quality Regulator 8/11 Institutions which fulfil similar functions in the two countries… Concurrent powers vs samenloop…

Merger control – a comparative approach… Similar means to achieve similar outcomes? 9/11 Problems with applying general merger control to hospital mergers -Only competition authority has competence to approve mergers; -Little, if any, scope to incorporate public (patient) interests; -Many hospital mergers would not be examined due to the high turnover thresholds attached to general merger control… Solutions: -The Netherlands: lower turnover thresholds, additional assessment criteria, “healthcare-specific” merger test… -England: NHS-specific test with lower turnover thresholds, post-HSCA 2012 role for regulator in identifying “relevant customer benefits”… Similarities in approach: -Consolidation of regulator input into merger assessment process in both countries…

Summary… Thesis comprises two elements: application of competition laws to the healthcare sector and comparison of the Netherlands and England… Doctrinal approach… - Statute as fundamental starting point, but need to incorporate extrinsic considerations… - Contextual considerations: healthcare markets, modifications of competition laws, closer cooperation between different groups of lawyers… Comparative approach… - Harmonisation and functional equivalence both relevant, but not the only considerations… 10/11

Questions? Thank you! 11/11