The PhD project aims to examine i) when and to what extend the activities of a hospital or of a hospital group are to be considered as of an economic nature so that the EU Merger Regulation applies to them in cases of concentrations and ii) which sector-specific aspects must be considered when applying the EU Merger Regulation to hospitals or to hospital groups.
After initial planning of the dissertation project had already taken place in the course of 2020, it was possible to make considerable qualitative progress during the stay at the Max Planck Institute for Innovation and Competition (hereinafter: the "Institute") from 1 July to 31 December 2023. In July and August 2023, due to the extensive collection of literature in the Institute, extensive research could be done in the library and further dissertations and previous research findings could be considered in the PhD project. Although this resulted in a major overhaul of the structure and disposition of the PhD project during the first two months at the Institute, it led to a considerable qualitative improvement in the research work, since it meant that it was possible to build on existing scientific knowledge and develop it further.
This has led to far-reaching progress in writing the PhD project. In particular, the merger practice of hospitals in several selected European countries could be elaborated. It was also possible to compile fundamental considerations on a European merger control of hospitals by means of comparative legal analyses of the national approaches. Thereby, the first aspects of a possible merger control analysis of hospitals based on the EU Merger Regulation could be developed. However, the hope still cherished in September 2022 that the PhD project could be completed by the end of the year has not been confirmed, as it has emerged in the meantime that further clarifications and more in-depth investigations are necessary in some areas. Nevertheless, the PhD project is expected to be completed soon.
