Maverick Advocaten published their reaction to the online consultation on the decree that extends the lowering of the thresholds regarding concentrations in the healthcare sector.
In a response to the consultation, Maverick Advocaten proposes a more purposeful merger review of concentrations in healthcare by the Dutch Authority for Consumers and Markets (“ACM”):
- Opt for a voluntary notice-regime, similar to the regime in place in the United Kingdom
or
- Opt for more specific thresholds in order to address only those concentration that could lead to a substantial lessening of competition in the healthcare sector.
Both proposals assure that ACM will not be missing out while reviewing concentrations in the healthcare sector that will lead to a substantial lessening of competition in the healthcare sector. At the same time ACM will be able to limit its merger review activities to those mergers in the healthcare sector that matter from a competition law perspective instead of having to also assess mergers that will not be able to lead to a substantial lessening of competition in the healthcare sector. The proposals will decrease the administrative burden on healthcare providers and will enable ACM to target its capacity on reviewing concentrations in healthcare sector that could pose a threat to competition in that sector.
