Cooperation, mergers and acquisitions

Sector-specific rules

Chain care, care networks, healthcare redesign, specialisation and mergers, just a few examples of collaboration where it must be assessed in a timely manner which risks are present from a competition law perspective. In some cases, health insurers support a collaboration, but this is not enough to conclude that the collaboration is also “competition-proof”. 

After all, collaboration in healthcare is accompanied by sector-specific rules, such as the ACM Guidelines for Healthcare (ACM Richtsnoeren voor de Zorg) and the healthcare-specific concentration test of the Dutch Healthcare Authority (NZa). We advise - in collaboration with our colleagues in competition law - based on our knowledge of these regulations and of the dynamics in the sector on (legal) form, the structure and governance of partnerships and guide mergers and acquisitions. When activities are transferred to a joint venture, or healthcare providers decide to merge, the sector-specific regulations mentioned become relevant. It is important to point this out in a timely manner, because if the rules are not met, this may mean that a proposed collaboration or merger cannot take place.

What we do

We help draft collaboration agreements or establish new entities such as a cooperative to enable collaboration. When healthcare providers collaborate within, but also outside healthcare organisations, it is important to have knowledge about responsibility and liability. Our specialists point this out to healthcare organisations and look, for example, at how the Guideline ‘Division of Responsibility in Collaboration in Healthcare’ can be applied. We have a multidisciplinary approach and, where necessary, work together with our colleagues in competition law and the notarial profession.