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  • Pablo Figueroa

The Spanish Authority Obtains Behavioral Remedies in a Rare Phase II Merger Control Investigation

Updated: Aug 8, 2019

Executive Summary

In late April 2019 the Spanish Competition Authority authorised a rare Phase II investigation as regards the acquisition by Clínica Santa Cristina of Helios Healthcare. The authority subjected the clearance to behavioural remedies.

According to the Spanish Authority, the transaction would be a merger to monopoly in private hospitals in Albacete. The Spanish Authority authorised the transaction subject to behavioural remedies consisting in promises of the buyer to: (i) maintain the quality of its services; (ii) not to increase its prices and (iii) to keep the existing relationships with “health professionals”, mainly, it would seem, doctors.

The transaction was notified pursuant to Spain’s market share threshold in July 2018 which makes the time of review 8 months (Phase I and Phase II Combined). The transaction did not make it to Phase II until October 2018, which suggests a bumpy Phase Iof almost three months.

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