The Curious Case of Competition Law and Health Equity

The Curious Case of Competition law and Health Equity 3(1) 2019 CPI Antitrust Chronicle

11 Pages Posted: 3 Jan 2020

See all articles by Theodosia Stavroulaki

Theodosia Stavroulaki

University of Michigan Law School; University of Turin - Collegio Carlo Alberto

Date Written: November 29, 2019

Abstract

Healthcare markets have started being created in Europe. Indeed, some countries, such as the UK, have introduced competitive forces in their health systems as a means to improve their efficiency and quality. The role of competition in healthcare is a hotly debated topic with some considering it “anathema” and others seeing it as “a magic bullet”. Aiming to spark this heated, albeit unsettled, debate, this article raises an additional concern: it contends that when competitive forces are introduced into a health system, the main actors involved in the provision of healthcare, mainly physicians acting either as gatekeepers or purchasers of healthcare services may enter into agreements that restrict competition among healthcare providers with a view to protecting equity and access to care. Shining a light on these antitrust concerns, this article asks the wider question: should competition authorities in Europe consider in their competition analysis the core objectives their health systems strive to attain, such as equity? How and to what extent can the antitrust enforcers integrate distributive concerns into their competition assessment on the basis of article 101 TFEU?



Keywords: competition law, healthcare, inequality, health systems, equity, access to healthcare, article 101 TFEU, public policy goals

Suggested Citation

Stavroulaki, Theodosia, The Curious Case of Competition Law and Health Equity (November 29, 2019). The Curious Case of Competition law and Health Equity 3(1) 2019 CPI Antitrust Chronicle . Available at SSRN: https://ssrn.com/abstract=3495634

Theodosia Stavroulaki (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

University of Turin - Collegio Carlo Alberto ( email )

Piazza Arbarello, 8
Torino, Torino 10122
Italy

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