This chapter explores how the Netherlands Authority for Consumers and Markets (ACM) could better integrate public interest considerations—specifically the concept of Services of General Economic Interest (SGEI)—into the substantive assessment of hospital mergers. The chapter argues that the current Dutch merger control regime, which historically has shown inconsistency in considering public interest objectives such as accessibility, affordability, and quality of care, lacks a robust analytical framework for systematically incorporating these goals. The article contributes a practical and comparative perspective on how competition law can evolve to accommodate non-market values in the healthcare sector without compromising legal certainty or institutional integrity.

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Healthcare (Hospital) Mergers in the Netherlands and Services in the General Economic Interest

  • Daniel James Arthur Clark

摘要

This chapter explores how the Netherlands Authority for Consumers and Markets (ACM) could better integrate public interest considerations—specifically the concept of Services of General Economic Interest (SGEI)—into the substantive assessment of hospital mergers. The chapter argues that the current Dutch merger control regime, which historically has shown inconsistency in considering public interest objectives such as accessibility, affordability, and quality of care, lacks a robust analytical framework for systematically incorporating these goals. The article contributes a practical and comparative perspective on how competition law can evolve to accommodate non-market values in the healthcare sector without compromising legal certainty or institutional integrity.