A German court confirms application of merger rules to public hospital operators holding them as economic undertakings (German public hospitals)

Summary of the case The judgement of the appellate court Düsseldorf, which was delivered on the 11th of April 2007, decides the challenge of a decision of the Federal Cartel Office regarding a merger between two private companies that operate several public hospitals that are part of the legal insurance healthcare system. Therefore, it addresses the question of a classification of an economically active public body as an “undertaking” in the sense of the German Act against Restraints of Competition (ARC). Parties The parties of the merger, which appealed against the decision of the Federal Cartel Office, are two companies operating public hospitals. One of the merging parties, R., operates 45 hospitals with overall 14.690 beds in 8 states, and is one of the leading operators of public

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Florian Leib, A German court confirms application of merger rules to public hospital operators holding them as economic undertakings (German public hospitals), 11 April 2007, e-Competitions Bulletin Prohibited mergers, Art. N° 13990

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