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Special competition regime for homecare
Members of ActiZ, the trade association representing health care suppliers, turned down an agreement in principle negotiated in early May 2010 between the Netherlands Competition Authority (NMa) and ActiZ’ Board. Under the agreement the NMa was to exercise a specially tailored form of supervision for the nursing and home care industry.
The agreement called for the following arrangements. Care institutions were to report all their agreements (including those in pending cases, even where that might involve penalties) on a voluntary basis by 31 December 2010. An independent committee would review the agreements. If this committee found these agreements to be in restraint of competition, they would be terminated forthwith and those involved would make a contribution to an innovation fund. The NMa would refrain from enforcement in such cases. The agreement was designed to allow the nursing and home care industry to make a fresh start. ActiZ members turned down the agreement because it threatened to sweep under the carpet an issue of major importance: the discussion between competition law versus quality of care and the interest of the patient.
However, ActiZ members approved another part of the agreement in principle. This part is designed to introduce a compliance programme with regard to the Dutch Competition Act. A compliance programme helps care organisations optimise their understanding of every aspect of the Dutch Competition Act and what it means both in day-to-day management and in cooperative ventures with other health care suppliers. Pierre Bos and Mariëtte Plomp acted on behalf of ActiZ in the negotiations with the NMa.
Pierre Bos (bos@barentskrans.nl)
T +31-(0)70-376 06 75
