Advanced Search
MyIDEAS: Login to save this article or follow this journal

Unternehmenszusammenschluesse auf Krankenhausmaerkten aus sozialrechtlicher und kartellrechtlicher Sicht

Contents:

Author Info

  • Hans-Peter Schwintowski

    ()
    (Humboldt-Universitaet zu Berlin)

Registered author(s):

    Abstract

    For the first time in 2005 the Federal Cartel Office prohibited two concentrations of municipal and private hospitals because they were expected to create or strengthen a dominant position in the market. The High court of Duesseldorf (OLG) confirmed this view. An appeal is pending with the Supreme Federal Court of Justice (BGH) and will likely be ruled on in early summer 2008. Parallel to this appeal process a petition for a ministerial authorisation was forwarded which was supported by the Monopolies Commission. The petition was refused by the Minster for economic affairs and technology (Michael Glos). This article shows that the application of merger control regulations to hospital fusions is counterproductive. The intervention of the Federal Cartel Office means that not more but less competition will be generated. Moreover, the danger arises that the interdiction of hospital fusions will prevent the hospitals from fulfilling their services of general interest to a sufficient extent (Art. 86 II Treaty on European Union). Furthermore, the article shows that the peremptory regulation in Paragraph 69 Social Security Code V (SGB V) allows no opportunity worth mentioning for the application of the regulations on merger controle in the act against Restraints on Competition (GWB). If however these rules should be applied to hospital fusions the product market and the geographical market will have to be defined differenty: Geographically in non urban regions the market cachement area extens between 250 and 300 km, in urban areas it dwindles to approximately 150 km.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.wiso-net.de/webcgi?START=A60&DOKV_DB=ZECO&DOKV_NO=JFNSJFNS2008040052930232914272314172&DOKV_HS=0&PP=1
    File Function: Main text
    Download Restriction: Access via GENIOS - German Business Information - http://www.genios.de/r_startseite/index.ein

    File URL: http://search.ebscohost.com/login.aspx?direct=true&db=ecn&AN=0982737&site=ehost-live
    File Function: Main text
    Download Restriction: Access via EBSCOhost Econlit - http://www.ebscohost.com/

    As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

    Bibliographic Info

    Article provided by Justus-Liebig University Giessen, Department of Statistics and Economics in its journal Journal of Economics and Statistics.

    Volume (Year): 227 (2007)
    Issue (Month): 5+6 (December)
    Pages: 529-546

    as in new window
    Handle: RePEc:jns:jbstat:v:227:y:2007:i:5-6:p:529-546

    Contact details of provider:
    Postal: Licher Straße 74, 35394 Gießen
    Phone: +49 (0)641 99 22 001
    Fax: +49 (0)641 99 22 009
    Web page: http://wiwi.uni-giessen.de/home/oekonometrie/Jahrbuecher/
    More information through EDIRC

    Related research

    Keywords: Merger control on hospital markets; prohibition by the Federal Cartel Office; market definition on hospital markets;

    Find related papers by JEL classification:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:jns:jbstat:v:227:y:2007:i:5-6:p:529-546. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Peter Winker).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.