WRITTEN QUESTION E-2013/99 by Antonio Tajani (PPE-DE) and Enrico Ferri (PPE-DE) to the Commission. Breach of the rules on competition and on the freedom to supply services by Italian legislation on public and private health care.
Date: 1999-11-09
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, EU market, Italy, complaint to the Commission, discrimination on the basis of nationality, dominant position, freedom to provide services, health service, organisation of health care, restriction on competition

20.6.2000

EN

Official Journal of the European Communities

C 170 E/137

While companies with market shares above the 30 % threshold will not benefit from the safe harbour, it
must be stressed that, pursuant to the new policy, their vertical agreements will not be presumed illegal
but may require an individual examination under Article 81 (ex-Article 85) EC Treaty. The accompanying
guidelines are designed to assist undertakings in carrying out such an examination and thus to increase the
effectiveness of the competition rules.

In drafting these guidelines, the Commission has tried to give a detailed and comprehensive overview of a
technically complex matter. In particular, this text contains a chapter dealing with market definition issues,
which is based on the general criteria provided in the Commission(cid:146)s notice on market definition of 1997
and which is designed to offer companies more specific guidance on problems that arise in the context of
vertical restraints.

The guidelines have been published in the Official journal as a draft in order to give all interested parties
the opportunity to present their comments, which will enable the Commission to introduce, where
appropriate, possible improvements and clarifications.

As to the issue of market definition, it should be recalled that the relevant anti-trust market does not
necessarily coincide with a Member State(cid:146)s territory and can be assessed only on a case-by-case basis. The
possible negative and positive effects of vertical agreements have to be assessed on the relevant market in
question. Far from entailing a disadvantage for producers in smaller markets, the Community competition
policy aims at protecting competition and consumers(cid:146) interests no matter how wide or small the relevant
market in geographic terms.

(1) OJ C 270, 24.9.1999.

(2000/C 170 E/164)

WRITTEN QUESTION E-2013/99

by Antonio Tajani (PPE-DE) and Enrico Ferri (PPE-DE) to the Commission

(9 November 1999)

Subject: Breach of the rules on competition and on the freedom to supply services by Italian legislation on

public and private health care

It has come to our notice that certain associations representing private Italian healthcare institutions
(Snubalp, FIOSP, URSAP) have lodged an appeal with the Commission asking it to determine whether
Community rules on competition and on the freedom to supply services have been breached by Italian
legislation on public and private health care, in the following areas:

(cid:129) conflict of interest and abuse of dominant market position by the ASL (local health authorities), which
combine market-regulation functions with the provision/supply and purchase/payment of services
(legislative decrees No 419 of 30 November 1998 and No 229 of 19 June 1999);

(cid:129) segmentation of the healthcare market and discrimination against non-Italian healthcare providers.
Charges are set in an authoritative manner (ministerial decree 22.7.1996) and so low that it is
effectively impossible for service providers from other EU Member States to enter the market and
obtain reasonable profit margins. It is well known aware that healthcare services are not excluded
from the regulations on the freedom to provide services.

The interpretation provided by the above associations is also endorsed by the Italian Competition and
Market Authority, which issued two opinions to that effect respectively on 25 June 1998 and 20 May 1999.

In the light of the above, can the Commission say whether the appeal is being followed up appropriately,
which departments and officials are dealing with the case and what stage has been reached in proceedings?

C 170 E/138

Official Journal of the European Communities

EN

20.6.2000

Answer given by Mr Monti on behalf of the Commission

(23 November 1999)

It is true that certain associations representing private Italian healthcare institutions lodged a complaint
with the Commission in January 1999. The complaint concerned an alleged breach of the rules on
competition and the freedom to supply services by Italian legislation on public and private health care.

The previous Commissioner responsible for competition policy replied by letter dated 6 April 1999 to a
letter from Mr Ferri and confirmed that the Commission would do its best to investigate the case and reach
a conclusion as soon as possible on whether or not there had been a breach.

Since the complaint alleges a breach of several provisions of Community law, various Commission
departments are having to cooperate on the case. Those with particular responsibility are the Directo-
rates-General for Competition and the Internal Market.

These departments have already begun their initial analysis of
the
information provided by the associations which lodged it. Talks were organised between Commission
representatives and the complainants(cid:146) lawyer. The Competition Directorate-General has also contacted the
Italian Competition Authority to obtain additional information. The Italian Government will also be asked
to submit any comments it may have on the complaint.

the complaint on the basis of

Thus, the requisite attention has been and continues to be given to this complaint. Since the investigation
has not yet been completed and neither the associations which brought the complaint nor the Italian
Government have been informed of the initial findings, it would not be appropriate for the Commission to
give its view here on whether or not the Italian legislation concerned is compatible with Community law.
The Commission will not fail to inform the Honourable Members of its final conclusions.

(2000/C 170 E/165)

WRITTEN QUESTION E-2015/99

by Helena Torres Marques (PSE) to the Commission

Subject: Organigramme of the new Commission(cid:146)s services

(9 November 1999)

I should like a copy of the organigramme of the new Commission(cid:146)s services, and specifically, details of the
names, nationalities and gender of the heads of Directorates-General, Directorates, Services and autono-
mous Units.

Answer given by Mr Kinnock on behalf of the Commission

(1 December 1999)

A list of officials in management posts on the Commission organisation chart, showing their grade, sex
and nationality, will be sent directly to the Honourable Member and to the Secretariat-General of
Parliament.

The electronic version of the organisation chart for the new Commission can be consulted on the Internet.

(2000/C 170 E/166)

WRITTEN QUESTION P-2018/99

by Jeffrey Titford (EDD) to the Commission

(29 October 1999)

Subject: Powers delegated to the nation states of the European Union

I am aware of course of innumerable ways in which the European Union (formerly the European
Community, formerly the European Economic Community and before that the Common Market) has
removed powers from the nation-states of the Union in almost all aspects of their internal and external
affairs.