YEAR 2015 N.º 1
Competition; Health Market Regulatory Authority of Health; Community Directives; Skills; Legal Consequences.
The present study is focused on the status as well as the specific role and relevance of the Health Regulatory Authority (HRA) while intervening entity in free, fair and healthy competition in the healthcare market.
To achieve that purpose, we approach, their skills not only in a generic perspective, but particularly, in concrete, with a focus on their skills and targets relating to competition, with the horizon to improve the quality of provision of health services.
The quality of goods and services at the best possible price from the standpoint of consumer and user, is the principal goal of the whole European legal framework on competition, and in the healthcare market it makes even more sense so be it.
We discuss about the enormous challenge that the directive on the provision of health services to the border will be to a “good” competition in health market and what will be the role of the Regulator of Health in pursuing this mission.
We address the quality and legal nature of HRA as a way to explain their required submission to European law and, therefore, the new EU directive initiative of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of competition law in the Member States and the European Union, still thirst for proposal.
The conclusion of this study is an reflection about the consequences / penalties applicable to the Portuguese State and/or HRA because of their actions or omissions in full compliance with that directive.