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ARTICLE · 25 OCTOBER 2022

Concentrations In The Healthcare Sector In The Netherlands: Futureproof?

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The rules for obtaining approval from the Dutch Competition Authority ("ACM") and the Dutch Healthcare Authority ("NZa") for mergers and acquisitions ("concentrations") in the healthcare sector have changed.

NetherlandsAntitrust/Competition Law
Pauline Kuipers
Pauline Kuipers
Reshmi Rampersad
Reshmi Rampersad
Tialda Beetstra
Tialda Beetstra
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The rules for obtaining approval from the Dutch Competition Authority ("ACM") and the Dutch Healthcare Authority ("NZa") for mergers and acquisitions ("concentrations") in the healthcare sector have changed. This blog provides an overview of the changes that the NZa has already introduced as of 1 July 2022 and the changes that will apply to the ACM as of 1 January 2023.

Changes to care-specific concentration test NZa

Under Article 49a(3) of the Health Care (Market Regulation) Act, a concentration must receive prior approval from the NZa when a healthcare provider that provides healthcare by 50 persons or more is involved in the merger. As of 1 July 2022, the NZa has already adjusted its notification procedure in three areas: 1) scope of the healthcare-specific merger test, 2) description of the financial consequences of the concentration and 3) hearing of clients and staff in the proposed concentration.

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