Abstract

http://ssrn.com/abstract=1702832
 
 

Footnotes (127)



 


 



Taking the Temperature: A Survey of the EU Law on Competition and State Aid in the Healthcare Sector


Wolf Sauter


Tilburg Law and Economics Center (TILEC); Dutch Healthcare Authority; Tilburg Law School

Johan Van de Gronden


Radboud University Nijmegen

November 4, 2010

TILEC Discussion Paper No. 2010-038
Tilburg Law School Research Paper No. 05/2011

Abstract:     
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 modernisation also applied at Member State level. At the same time there is so far little guidance regarding the manner in which the substantive rules must be applied. This problem is less serious concerning state aid where the beginnings of a framework exist, in particular in the form of the Altmark test and the services of general economic interest (SGEI) concept, and where enforcement remains largely centralised in the hands of the Commission. We plead for a broader application of SGEI and of the legitimate objective test that is found in Wouters and Meca-Medina. In particular we advocate providing guidance by means of a soft law approach within the European competition network (ECN).

Number of Pages in PDF File: 35

Keywords: EU competition law, healthcare; healthcare and EU law, case law, Court of Justice, General Court, antitrust, merger control, state aid, services of general economic interest, SGEI, internal market

JEL Classification: I0, I1, K 21, K32, L4

working papers series


Download This Paper

Date posted: November 5, 2010 ; Last revised: April 19, 2011

Suggested Citation

Sauter, Wolf and van de Gronden, Johan, Taking the Temperature: A Survey of the EU Law on Competition and State Aid in the Healthcare Sector (November 4, 2010). TILEC Discussion Paper No. 2010-038; Tilburg Law School Research Paper No. 05/2011. Available at SSRN: http://ssrn.com/abstract=1702832 or http://dx.doi.org/10.2139/ssrn.1702832

Contact Information

Wolf Sauter (Contact Author)
Tilburg Law and Economics Center (TILEC) ( email )
Warandelaan 2
Tilburg, 5000 LE
Netherlands
Dutch Healthcare Authority ( email )
Postbus 3017
Utrecht, 3502 GA
Netherlands
Tilburg Law School
Tilburg, 5000 LE
Netherlands
Johan Van de Gronden
Radboud University Nijmegen ( email )
Nijmegen, 6500 HK
Netherlands
Feedback to SSRN


Paper statistics
Abstract Views: 1,741
Downloads: 233
Download Rank: 71,945
Footnotes:  127

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.531 seconds