EU competition law and health policy

Lear, Julia Graham; Mossialos, Elías; Karl, Beatrix

doi:10.1017/cbo9780511750496.009

Cited by 11 publications

(11 citation statements)

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“…In practice, then, it has become difficult to determine in advance whether the implementation of a mechanism, strategy, or reorganization within a member state's health system may contravene the anticompetition measures set out in articles 101 and 102 TFEU (formerly articles 81 and 82 EC). These practices can include the reference pricing of drugs, the bulk purchase of medical goods, the privatization of hospitals, the use of independently contracting health care professionals to provide public health care services, the use of public-private partnerships (P3s), the private management of public facilities, and so on (Lear, Mossialos, and Karl 2010).…”

Section: The Eu's Preeminent Source Of Power Is Regulatory Rather Thamentioning

confidence: 99%

“…This approach may, in theory, provide a balance between economic policy at a supranational level (effective free trade within an open European market) and social policy at a national level (the protection of public institutions grounded on principles of social solidarity). But because it depends on the gradual case-by-case investigation of the particularities of each dispute, there is little legal certainty for health policy makers (Lear, Mossialos, and Karl 2010). In practice, a body of case law often will eventually converge into a relatively clear comprehension of an issue so that, even in the absence of formal legislative direction, legal certainty evolves over time.…”

Section: The Eu's Preeminent Source Of Power Is Regulatory Rather Thamentioning

confidence: 99%

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Health Care and the Fate of Social Europe

Fierlbeck

2020

Journal of Health Politics, Policy and Law

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Public health care systems are, in a sense, a very concrete representation of what a "social Europe" exemplifies: universality, solidarity, well-being, and inclusiveness. As Europe moved toward greater political integration in the early 1990s, the hope for many was that the principle of solidarity that informed many national health care systems could be incorporated into a European-wide schema of robust public health care. But, because the historical trajectory of these states' health care systems led to an array of different models of financing, provision, and regulation, formal integration presupposed a heroic (and arguably unattainable) degree of institutional and political reform. As the health systems of many European Union (EU) member states are a substantial component of their public sectors (and often their public culture), they are messily entangled with larger issues of national sovereignty. While the vision of a wider European health care "system" was one many member states supported at an abstract level, they resisted surrendering control of their health care systems because of fears that the "Europeanization" of health care could result in a system informed, not by solidarity, but by liberalization and the relentless pull of market forces. In consequence, little attempt was made to harmonize national health care systems directly. Member states' health care systems remain formally under national, not EU, jurisdiction, and, as such, the articulation of a "social Europe" within the domain of health policy would seem a rather limited subject for discussion. But the role that health policy plays in the pursuit of a social Europe is more substantial, more complex, and more contingent than the narrative

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Section: The Eu's Preeminent Source Of Power Is Regulatory Rather Thamentioning

confidence: 99%

Section: The Eu's Preeminent Source Of Power Is Regulatory Rather Thamentioning

confidence: 99%

Health Care and the Fate of Social Europe

Fierlbeck

2020

Journal of Health Politics, Policy and Law

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“…It requires a very case-specific analysis to determine to what extent these rules apply. [30] Similarly, the regulation of the free movement of people and services within the internal market might apply to (modular-based) medical architectures, in which (combinations of) the provider, the service, or the recipient can move between countries. We refer to [31] and [19] for discussions of these legal norms.…”

Section: E Internal Market Regulationmentioning

confidence: 99%

Norms and standards in modular medical architectures

Thüemmler

Mival

Benyon

et al. 2013

2013 IEEE 15th International Conference on E-Health Networking, Applications and Services (Healthcom 2013)

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Abstract-Recent Internet of Things (IoT) research has been aiming at interoperability of devices and the integration of sensor networks. The Future Internet -Private Public Partnership (FI-PPP) has created a whole array of different purpose-oriented modules with defined specifications, better known as Generic Enablers. This article gives an overview of legal, ethical and technical norms and standards to be considered when planning, developing and implementing modular medical architectures, integrating the Internet of Things (IoT) and Generic Enablers (GEs) in cutting edge, latest generation medical data networks.

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“…This means that the precise contours of application of EU competition law may vary between Member States, although national T. Hervey et al 110 competition authorities are overseen by the European Commission (Monti 2007, Lear et al 2010, and must comply with EU law, including rulings of the General Court and Court of Justice of the EU (CJEU). It also means that a full understanding of the state-of-the-art of EU competition law at any moment in time presents an almost impossible challenge, involving coverage of the decisions of 27 national competition authorities.…”

Section: Competition Lawmentioning

confidence: 99%

“…(For further examples of similar cases with small care markets, in the healthcare context, seeVan de Gronden 2004, Lear et al 2010 Once the relevant market is determined, the legal test for 'abuse' is whether a particular undertaking is in a position of economic strength so that they are able to prevent effective competition and can behave independently of all other providers(Case 6/71 Continental Can [1973] ECR 215, Case 27/76 United Brands [1978] ECR 207, Case 85/76 Hoffman-la Roche [1979] ECR 461)…”

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confidence: 99%

Long-term care for older people and EU Law: the position in England and Scotland

Hervey

Stark

Dawson

et al. 2012

Journal of Social Welfare and Family Law

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To what extent, if at all, is the current legal position on long-term care for older people in England and Scotland potentially inconsistent with the UK's obligations in EU law? The implications of EU law for UK healthcare provision have been tracked by the literature, exploited by litigation (Case C-372/04 Watts [2006] ECR I -4325, BetterCare [2002] CAT 7), and covered in EU legislation (Directive 2011/24/EU). However, long-term care for older people involves not only healthcare but also social care. Drawing on significant new empirical data gathered in early 2010 for a European Commission report (European Commission 2011), this article is the first to consider in detail how EU law might apply to the social care aspects of long-term care for older people in England and Scotland. It concludes that EU law is an important element of the long-term care policy context.

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EU competition law and health policy

Cited by 11 publications

References 0 publications

Health Care and the Fate of Social Europe

Health Care and the Fate of Social Europe

Norms and standards in modular medical architectures

Long-term care for older people and EU Law: the position in England and Scotland

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