The Dutch Competition Authority clears a merger in the healthcare sector taking into account the absence of geographical overlap of activities of the parties and limited effects of loss of potential competition due to low market shares (Evean / De Weeren)

I. Introduction On 15 November 2004, the Dutch Competition Authority (NMa) cleared the merger between Stichting Evean Zorg (Evean) and De Weeren, Stichting voor Zorg en Dienstverlening (De Weeren). While the activities of the parties overlapped in the market for intramural care and in the market for extramural care, the parties operated on different geographic markets. The NMa therefore investigated whether the merger could lead to a loss of potential competition. It held that on the market for extramural care in Amsterdam, the parties could be considered potential competitors. However, because of the very low market share of De Weeren, the loss of potential competition would in any event not have a significant impact on competition in

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