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The Role of the Charter of Fundamental Rights of the European Union in Safeguarding the Administrative Procedure of EU Merger Control journal article

Vasiliki Fasoula

European Competition and Regulatory Law Review, Volume 2 (2018), Issue 3, Page 232 - 236

Case T-194/13 United Parcel Services, Inc v European Commission, Judgement of the General Court of 7 March 2017 Article 263 TFUE – Annulment of a Commission’s decision declaring a notified merger incompatible with the internal market and with the EEA agreement – postal services – Statement of Objections – econometric analysis – Charter of Fundamental Rights of the European Union - procedural irregularity – right to a fair and public hearing – rights of defence




Hospital Mergers and the Incorporation of Non-Competition Concerns journal article

Nicole Rosenboom

European Competition and Regulatory Law Review, Volume 2 (2018), Issue 4, Page 271 - 279

National competition authorities have assessed many hospital mergers over the years. During merger control proceedings, the authority determines the negative effects of the merger in the form of a potential price increase and decrease in the quality of care provided by the hospital. These assessments are difficult. Merger control can lead to heated debates and questions over whether the analysis is correct and considers all possible outcomes. To provide a full analysis of the effects of a hospital merger for all relevant actors (patients, the hospital itself, health insurers, the government, and hospital staff) the Social Cost and Benefit tool can be used. This framework is applied in other fields of economics, but it can be useful in cases that involve public interest and non-competition concerns. One could call the tool the Competition Cost and Benefit Analyses (CCBA) tool when it is adjusted for use in a merger case. This article demonstrates how the CCBA can be used and how the unique features of a national healthcare and health insurance system can be taken into account during its use. This article applies the framework to the Netherlands due to recent developments in that country and the call for more focus on public interests in merger control of Dutch hospitals. Keywords: Merger Control, Hospitals, Price, Quality

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