Taking the Temperature: EU Competition Law and Health Care

While the health-care sector grows in significance due to social and technical developments, the European Union (EU) competition rules are likely to be more frequently applied to health care both as a result of the broad interpretation of the concept of undertaking and because, following the modernization o f competition policy in 2003, the competition rules are also applied at the Member State level. This article charts how the case law is not always clear on the reconciliation of health-care objectives and competition rules. Hence, it pleads for soft law guidance in this area.