Competition policy in healthcare : frontiers in insurance-based and taxation-funded systems /
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Author / Creator: | Guy, Mary (Law professor), author. |
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Imprint: | Cambridge [England] ; Antwerp ; Chicago : Intersentia, [2019] ©2019 |
Description: | xxxix, 262 pages : illustrations ; 26 cm |
Language: | English |
Subject: | |
Format: | E-Resource Print Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/11764564 |
Table of Contents:
- Foreword
- Preface
- Acknowledgements
- List of Cases
- List of Legislation
- Table of Figures
- Abbreviations
- Introduction
- 1. Competition in Healthcare
- 2. Competition Policy in Healthcare - A Starting-Point
- 3. Overview of Competition Reforms in Dutch and English Healthcare
- 4. Competition Policy in (Dutch and English) Healthcare - Two Narratives
- 4.1. Narrative 1: The Comparative Approach
- 4.2. Narrative 2: Means to an End or System Change?
- 5. Structure of the Book
- Chapter 1. Competition Reforms in Dutch and English Healthcare and the Development of Competition Policy
- 1. The Netherlands
- 1.1. Competition in Dutch Healthcare - The 2006 Reforms and the Dutch 'Healthcare Triangle'
- 1.2. The Development of Competition Policy in Dutch Healthcare
- 1.2.1. Relevant Legislation
- 1.2.1.1. Zvw
- 1.2.1.2. Wmg.
- 1.2.1.3. Second Chamber Documentation, 34 445, Amendments to the Wmg (Parliamentary Sessions 2015-16, 2016-17, 2017-18)
- 1.2.2. Documentation by the ACM and the NZa
- 1.2.2.1. Richtsnoeren voor de Zorgsector (Guidelines for the Healthcare Sector)
- 1.2.2.2. Samenwerkingsprotocollen (Cooperation Protocols)
- 2. England
- 2.1. Competition in the NHS and the 'Four Categories of English Healthcare'
- 2.1.1. Category 1 - Public Purchaser and Public Provider
- 2.1.2. Category 2 - Public Purchaser and Private Provider
- 2.1.3. Category 3 - Private Purchaser and Public Provider
- 2.1.4. Category 4 - Private Purchaser and Private Provider
- 2.2. Setting the Scene for the HSCA 2012 Reforms: Competition Policy in the NHS 'Quasi-Market'
- 2.2.1. NHS Internal Market (Conservative Governments 1987-97)
- 2.2.2. 'Choice and Competition' (New Labour Governments 1997-2010)
- 2.2.3. 'Opening Up Public Services' (Liberal Democrat-Conservative Coalition Government 2010-15)
- 2.3. The Development of the HSCA 2012 Competition Framework
- 2.3.1. Pre-NHS Future Forum Examination
- 2.3.2. Post-NHS Future Forum Examination
- 2.4. Developments Subsequent to the Health and Social Care Bill
- 3. Conclusions
- Chapter 2. Competition Law: Its Applicability and Application in Dutch and English Healthcare
- 1. Introduction
- 2. The EU Competition Law Framework as Defined by Reference to the 'Undertaking' Concept
- 2.1. Overview of the 'Undertaking' Concept
- 2.2. The Relevance of Solidarity in a Healthcare Context
- 2.2.1. Solidarity and Competition in Healthcare - General Considerations
- 2.2.2. Solidarity and the 'Exemption Perspective - Healthcare Purchasing (AOK Bundesverband and FENIN)
- 2.2.2.1. AOK Bundesverband
- 2.2.2.2. FENIN
- 2.2.3. Solidarity and the 'Exception Perspective - Healthcare Provision (Ambulanz Glöckner)
- 2.3. The EU Competition Law Framework and the Dutch and English Healthcare Sectors
- 3. The Emergence of National Frameworks for Applying Competition Law in National Healthcare Cases
- 3.1. The Netherlands
- 3.1.1. Protecting the 'Fundamental Principle' of Universal Access
- 3.1.2. Treatment of Purchasers and Providers
- 3.1.3. National Framework Resulting from Healthcare Reforms
- 3.2. England
- 3.2.1. Protecting the 'Fundamental Principle' of Universal Access
- 3.2.1.1. Competition within the 'Core' of Universal Access in English Healthcare
- 3.2.1.2. Competition Policy within the 'Core' of Universal Access in English Healthcare
- 3.2.2. Treatment of Purchasers and Providers
- 3.2.3. National Framework Resulting from Healthcare Reforms
- 3.3. Parallel Application of National and EU Competition Rules
- 3.3.1. The Netherlands
- 3.3.2. England
- 4. Application of Competition Law in Dutch and English Healthcare
- 4.1. Applying the Anticompetitive Agreements and Abuse of Dominance Provisions to the Healthcare Sector - General Remarks
- 4.1.1. Anticompetitive Agreements and Healthcare
- 4.1.2. Abuse of Dominance and Healthcare
- 4.1.3. Competition Law and Healthcare - General Concluding Comments
- 4.2. The Netherlands
- 4.2.1. Application of the Anticompetitive Agreements Provisions
- 4.2.1.1. Continuity of Care
- 4.2.1.2. Professional Associations in the Dutch Healthcare Sector
- 4.2.1.3. Samenwerking (Collaborative Working) - A Specialism-Based Approach by the ACM?
- 4.2.2. Application of the Abuse of Dominance Provisions
- 4.3. England
- 4.3.1. Application of the Anticompetitive Agreements Provisions
- 4.3.1.1. Category 4 - Private Purchasers, Private Providers
- 4.3.1.2. Category 3 - Private Purchasers, Public Providers
- 4.3.1.3. Category 2 (Public Purchaser, Private Provider) and Category 1 (Public Purchaser, Public Provider)
- 4.3.2. Application of the Abuse of Dominance Provisions
- 5. Conclusions
- Chapter 3. Sectoral Regulation: The Relationship between the Competition Authority and the Healthcare Regulator in the Netherlands and England
- 1. Introduction
- 2. Defining the Relationship between the Competition Authority and Sectoral Regulator in Dutch Healthcare - A Separate Powers Model
- 2.1. The NZa's Competition Powers, 2006-15
- 2.1.1. SMP Powers (Article 48 Wmg)
- 2.1.2. Power to Intervene in the Drafting of Contracts (Article 45 Wmg)
- 2.1.3. Possible Overlap between NZa and ACM Powers, 2006-15
- 2.2. The Separate Powers Model 2015-18 and Future Direction
- 3. Defining the Relationship between the Competition Authority and Sectoral Regulator in English Healthcare - Concurrent Powers and Separate Powers Models?
- 3.1. The Position of the Competition Authority vis-à-vis the Healthcare Sector in England Pre-HSCA 2012 and the Development of Concurrent Powers
- 3.2. Defining the Scope of Concurrent Powers by Reference to Section 72 HSCA 2012, ERRA 2013 and the 2014 Concurrency Regulations
- 3.2.1. Section 72 HSCA 2012 - The Legal Basis for Concurrent Powers in English Healthcare
- 3.2.2. ERRA 2013 and the 2014 Concurrency Regulations - Refocusing the Scope of Concurrent Powers in English Healthcare
- 3.3. NHS Improvement's 'Competition-Related' Powers - A Variation on the Separate Powers Model?
- 3.3.1. The Competition Oversight Condition of the NHS Provider Licence
- 3.3.2. The 2013 Regulations
- 3.3.3. Relationship between NHS Improvement's Competition-Related Powers and its Concurrent Powers
- 4. Factors Influencing the Relationship between Regulator and Competition Authority
- 4.1. The Regulators Focus on Patients
- 4.1.1. Tire Netherlands: The NZa's Separate Powers and the General Consumer Interest
- 4.1.1.1. Overview of the General Consumer Interest under Article 3(4) Wmg
- 4.1.1.2. The NZa's Separate Powers (2006-15) and the General Consumer Interest Framework
- 4.1.1.3. Effect of the General Consumer Interest on the Separate Powers Model
- 4.1.2. England: The Concurrent Powers and Separate Powers Models, NHS Improvement's Focus on Patients and the Effect of NHS Improvement's Duty on the Separate Powers and Concurrent Powers Models
- 4.2. Changing Ministerial Oversight and the Relationship between the Regulator and Competition Authority
- 4.2.1. The Netherlands
- 4.2.2. England
- 5. Conclusions
- Chapter 4. Merger Control: Hospital Mergers, General Merger Control and the Development of 'Healthcare-Specific' Merger Control in the Netherlands and England
- 1. Introduction
- 2. Overview of General Merger Control as Applied in Dutch and English Healthcare
- 2.1. Market Definition and Hospital Mergers in the Netherlands and England
- 2.2. Dutch General Merger Control and Hospital Merger Cases
- 2.2.1. Zeeland Hospitals Merger
- 2.2.2. Tilburg Hospitals Merger
- 2.2.3. Albert Schweitzer Hospital-Rivas Care Group Merger
- 2.2.4. Amsterdam Universities' Hospitals Merger
- 2.3. UK General Merger Control and Hospital Merger Cases in England
- 2.3.1. Dorset Hospitals Merger
- 2.3.2. Surrey Hospitals Merger
- 2.3.3. Manchester Hospitals Merger
- 2.3.4. Cygnet Healthcare Ltd-Cambian Adult Services Merger
- 3. Jurisdictional and Substantive Aspects of Healthcare-Specific Merger Control
- 3.1. Jurisdictional Aspects
- 3.1.1. The Netherlands
- 3.1.1.1. Lower Turnover Thresholds
- 3.1.1.2. The Healthcare-Specific Merger Test and Merger Effects Report
- 3.1.2. England
- 3.1.2.1. The Requirement for a 'Relevant Merger Situation' - NHS Trusts and NHS Foundation Trusts
- 3.1.2.2. The Requirement for a 'Relevant Merger Situation' - PPUs
- 3.1.3. Relationship between the Jurisdictional Aspects and General Merger Control
- 3.2. Substantive Assessment Aspects
- 3.2.1. The Netherlands
- 3.2.1.1. Additional Assessment Criteria for the ACM
- 3.2.1.2. NZa Opinions
- 3.2.2. England - NHS Improvements Advisory Function under Section 79(5) HSCA 2012
- 3.2.3. Relationship between the 'Substantive Assessment Aspects' and General Merger Control
- 4. Intentions Behind Healthcare-Specific Merger Tests and Lessons Emerging from their Design and Application
- 4.1. 'Selling' Competition Reforms and Engaging with the Healthcare Sector
- 4.2. Ensuring Appropriate Oversight of Mergers in a Sector in Transition
- 4.3. Counteracting the Limitations of a Competition-Based Test
- 4.4. Elaborating the Appropriate Place of Merger Control in a Sector Heavily Dependent Upon Cooperative Relationships
- 5. Conclusions
- Conclusion
- 1. Overview of Findings by Chapter
- 1.1. Competition Reforms in Dutch and English Healthcare and the Development of Competition Policy
- 1.2. Competition Law: Its Applicability and Application in Dutch and English Healthcare
- 1.3. Sectoral Regulation: The Relationship between the Competition Authority and Sectoral Regulator in Dutch and English Healthcare
- 1.4. Merger Control: General Merger Control, Hospital Mergers and the Development of Healthcare-Specific Merger Tests in the Netherlands and England
- 2. Conclusions by Reference to Broad Themes: Future Research and Policy Directions
- 2.1. The Need to Recognise the Distinctive Features of the Healthcare Sector
- 2.2. The Relationship between the EU Competition Law Framework and the Emergent National Competition Policies in Healthcare
- Bibliography
- Index