EU Competition Policy and Healthcare: starter questions for future directions
Roundtable by EUHealthGov Research Network
How EU competition policy operates in the healthcare context continues to attract attention, both in terms of expansion of an economic mechanism into an undeniably social field, and of the dynamics between national and EU competence regarding health policy and healthcare system organisation (Article 168(7) TFEU).
Typically defined as encompassing the antitrust and state aid rules (Articles 101, 102 and 107-9 TFEU), the parameters of EU competition policy are given form by the trigger requirement for an “undertaking”, and recourse to the Services of General Economic Interest (SGEI) mechanism (Article 106(2) TFEU).
The 2020 CJEU judgment in Dôvera and current CJEU appeal in Casa Regina Apostolorum mean that formulating starter questions for future directions of EU competition policy in the healthcare context is timely.
Recent literature includes suggestions that the future contours of EU competition policy in healthcare may be shaped by dynamics between the EU institutions; a refocusing of the “undertaking” concept to give greater priority to public interests, including in the healthcare context; and further clarification of the applicability of EU competition law to recognise national political aspirations for intervening in healthcare systems.
This panel builds on these considerations to discuss current challenges, and brings together perspectives from political science and law, as well as national and EU levels.
Professor Johan van de Gronden (Radboud University Nijmegen)
Dr Mary Guy (Lancaster)
Dr Andrew Morton (Leeds)
Dr Bruno Nikolić (Ljubljana)
Dr Marc Wiggers (Loyens Loeff Amsterdam)
The EUHealthGov network is delighted to announce the next event in its seminar series! Join us for a panel discussion / webinar on 12 January 2022, 14:00-15:30 (UK time).