The healthcare sector is seeing an increasing number of alliances between care providers, usually aimed at improving care, cutting costs and reinforcing their market position. Not all forms of cooperation between medical and/or care institutions are permitted, however: the rules of competition law apply here, too, as codified in the Competitive Trading Act (Mededingingswet).
Our team is well-versed in this legislation and can advise you on this specific area of law, and litigate if necessary. Among other things, the sector is subject to a ban on cartels. This means that healthcare and medical institutions are prohibited from engaging in agreements that would restrict competition, though there are also some exceptions (such as the de minimis provision and group exemption). We are knowledgeable about all of these rules and can help organisations wishing to set up partnerships or mergers.

In daily practice, the Netherlands Authority for Consumers & Markets (ACM) is charged with monitoring compliance with competition law. The ACM has rules on:
– joint procurement by health insurance companies;
– agreements between hospitals on specialist fields;
– mergers between care institutions;
– collaboration among care groups.

Care professionals and institutions need solid insight into competition law. Our firm can offer that insight.