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ARTICLE · 15 NOVEMBER 2023

The Belgian Competition Authority Publishes A Specific Analytical Framework For Hospital Concentrations

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In its priorities note for 2023, the Belgian Competition Authority ("BCA") listed the pharmaceutical and health care sector as one of it major interests.

BelgiumAntitrust/Competition Law
Beatrijs Gielen
Beatrijs Gielen
Sébastien Willems
Sébastien Willems
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In its priorities note for 2023, the Belgian Competition Authority ("BCA") listed the pharmaceutical and health care sector as one of it major interests. It noted that "in the coming months, the BCA will also devote additional attention and resources to the continued consolidation in the hospital sector." 1 The BCA is clearly keeping that promise as on 18 October 2023, only three months after its communication of 14 July 2023 confirming its merger control competence over hospital concentrations, it published a sector-specific analytical framework for hospital concentrations.

The following article is therefore an updated version of our previous article on the uncertainty regarding hospital merger control, which focused on the BCA's decision of 28 June 2023 to partially lift the stand-still obligation regarding a concentration between two hospitals, and the BCA's communication of 14 July 2023 clarifying the applicable rules. Section 4 of this updated article focuses

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