NMa ensures that competition in the Netherlands is fair. It enforces the Competition Act by detecting cartels between undertakings which, for instance, enter into price agreements and by dealing with undertakings which abuse a dominant position. NMa also plays a role in the Healthcare Sector. Healthcare providers, such as general practitioners, pharmacists, physiotherapists, providers of exceptional medical care under the Exceptional Medical Expenses Act, hospitals and convalescent centres are undertakings. The same applies to suppliers of medical aids, pharmaceutical wholesalers and private health insurers. The Competition Act applies to all these healthcare providers. They may not enter into agreements which restrict competition or abuse a dominant position.
In so far as companies carry out activities which are public sector activities, the Competition Act does not apply. A healthcare agency in its capacity as a procurer of exceptional medical care may therefore not be regarded as an undertaking in terms of the Competition Act. Sickness Funds (in contrast to private health insurers) are also not considered by NMa to be undertakings. As a result the Competition Act does not apply to them. If a health insurer acts in its capacity both as a sickness fund and a private health insurer, the Competition Act applies to this activity. As of 1 January 2006, this will change. The Health Insurance Act will come into force as of that date. As a result, health insurers will be regarded as undertakings in terms of the Competition Act. The Competition Act will apply to their actions.
In this Healthcare File you will find up-to-date information in press releases relating to NMa's activities in the area of healthcare.
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