The Impact of EU Competition Law on National Healthcare Systems

The scope for application of the EU competition rules to the healthcare sector is largely defined by the Member States themselves. In pursuit of efficiency and cost control the Member States increasingly tend to introduce market-based provision of healthcare by undertakings. Hence in many cases EU competition law will apply. This does not mean the end of national healthcare policies. The competition rules provide for boundaries and exceptions that Member States may rely upon to continue the pursuit of public policy goals in the healthcare sector The most important exception is that for services of general economic interest (SGEI), albeit subject to a proportionality requirement. At the same time, given the lack of political support for EU-level harmonisation of healthcare regulation, EU competition law forms a default regulatory framework for the sector It is argued here that its application will lead to a rationalisation of public policy objectives in national healthcare systems.