Netherlands: ACM publishes position paper on market supervision in the healthcare sector


On 17 April 2015, the Dutch Authority for Consumers and Markets ("ACM") published a position paper on market supervision in the healthcare sector. In the paper, ACM calls for more specific regulatory powers in the healthcare sector, if it is to be endowed with more regulatory responsibilities in this field.

The position paper is a reaction to a plan of the Ministry of Health, Welfare and Sport ("Ministry") to transfer regulatory powers from the Dutch Health Authority to ACM, in order to strengthen market supervision in the healthcare sector. According to the Ministry, especially in the context of merger control of hospitals and mental health institutions, market supervision should be intensified due to the growing market power of these institutions. In its position paper, ACM sets out that the mere transfer of powers to ACM will not suffice to achieve this goal. The regular legal framework of merger control simply does not provide for the legal means to prevent unwanted consolidation in this part of the healthcare sector. A more specific regulatory framework - tailored to the healthcare sector - is therefore needed, according to ACM.

Source:, 17 April 2015

Reproduced from Practical Law with the permission of the publishers (