Balancing economic freedom against social policy principles: EC competition law and national health systems

作者: Elias Mossialos , Julia Lear

DOI: 10.1016/J.HEALTHPOL.2012.03.008

关键词: Health policyLaw and economicsCompetition (economics)SubsidiarityEuropean unionEconomic freedomHealth lawSocial policyCompetition lawPublic economicsEconomics

摘要: EU Health policy exemplifies the philosophical tension between EC economic freedoms and social policy. competition law, like other internal market rules, could restrict national health options despite subsidiarity principle. In particular, European system reforms that incorporate elements of may trigger application rules if non-economic gains in consumer welfare are not adequately accounted for. This article defines legal parameters debate law Using a sample cases it analyses how ECJ, courts, National Competition Authorities have applied laws to services sector different circumstances ways. It concludes by considering implications convergence recent trends enforcement reforms.

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