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Healthcare

Key Contacts

The Healthcare Team is a multi-disciplinary team of attorneys drawn from Stek’s various practice groups. The integrated nature of our services is to your advantage: we can respond to your wishes and requirements in the most effective way possible, helping you attain your objectives. The Stek Healthcare Team distinguishes itself in terms of:

  • Its expertise in various disciplines;
  • The fact that every team member has years of experience in the healthcare sector (care and cure);
  • Short lines of communication and responsiveness;
  • The team’s enterprising and creative approach;
  • Decisive, individual, expert advice;
  • Accessible top quality at competitive rates.

Because they have been active in the healthcare sector for many years, dealing with such challenges, the team members understand the issues you are facing. That is why we are excellently placed to guide you through such processes and achieve good solutions.

Expertise

Cooperation, joint ventures and mergers & acquisitions

Consolidations in the healthcare sector are common these days and include a variety of transactions, such as the creation of joint ventures or mergers and acquisitions involving healthcare providers, suppliers or other parties in the healthcare chain. We have ample experience with transactions in the healthcare sector, including in respect of healthcare providers and suppliers of medical devices, but also suppliers of healthcare providers, among others.

Financing

Whether large hospitals or smaller healthcare providers are involved, it is often the case that new external financing is necessary or (for example due to the conclusion of joint ventures or mergers between healthcare institutions) that existing financing requires a revamp. Our team members have a long track record of assisting financing transactions in general and more specifically in the healthcare sector, acting on behalf of both banks/lenders and healthcare institutions in this regard.

Competition and Regulated Markets

In the healthcare sector, cooperation is essential. Rules and regulations, however, limit the possibilities to cooperate. Also, strict merger control regulations apply to healthcare mergers and acquisitions and often require prior clearance from the Authority for Consumers & Markets (ACM) and the Dutch Healthcare Authority (NZa). For optimal cooperation agreements and smooth procedures before the authorities, knowledge of the market and these authorities’ procedures is paramount. The team has this knowledge, assuring you of excellent support in matters including:

  • Unannounced inspections by the ACM or the NZa;
  • Sanction procedures before the ACM or the NZa and subsequent procedures before the administrative courts;
  • The assessment of cooperation agreements or joint ventures with respect to the cartel rules (self assessment) or merger control;
  • The notification of mergers, acquisitions and joint ventures to the ACM and the NZa.

Experience

Set out below is a summary of our team members’ varied legal support in the healthcare sector, often from a multi-disciplinary perspective:

  • Providing advice on hospital financing (to the bank(s) or the hospital);
  • Assisting DentConnect in various acquisitions of several practices in the dental sector;
  • Assisting Mathot Medische Speciaalzaken in the acquisition of Dantuma Medische Speciaalzaken, active in the medical devices sector, from Stichting Kwadrantgroep;
  • Assisting Synco Bio Partners, a Dutch manufacturer of biopharmaceuticals and vaccines, in the sale of its operations to Wacker Chemie AG, and in the drafting of various commercial contracts;
  • Assisting a large healthcare institution in the sale of various medical device companies;
  • Assisting a large American player (active in the development and sales of medical devices) in the acquisition of a Dutch obesity clinic and a clinic active in the field of diabetes;
  • Assisting a large home care institution in various sales and acquisitions;
  • Assisting in regulatory merger notification procedures in the mental healthcare (GGZ) sector, the care, nursing and home care (VVT) sector and the hospital sector:
    • Notifications of mergers and acquisitions to the Dutch Healthcare Authority (NZa) under the healthcare-specific merger control rules. Recent matters include the acquisition of Bios Ambulancezorg by Ambulancezorg Rotterdam-Rijnmond (Veiligheidsregio Rotterdam-Rijnmond) and various acquisitions of practices in the dental sector by DentConnect;
    • Notifications of mergers and acquisitions to the Authority for Consumers & Markets (ACM) under the competition law merger control rules, including second phase (‘license requests’) procedures for complex mergers. Examples include the mergers between the only two Amsterdam University Medical Centers (Amsterdam University Medical Center and VU Medical Center), between the only two hospitals in Tilburg (TweeSteden Ziekenhuis and St. Elisabeth Ziekenhuis), and between the two hospitals Spaarne Ziekenhuis and Kennemer Gasthuis;
  • Assessing various joint ventures between healthcare institutions in respect of the cartel prohibition (self assessments);
  • Providing competition law assistance to a healthcare providers in the care sector regarding an investigation into infringement of the competition rules.
More

Would you like to know more about how we can help you? If so, please contact Sharon Kaufmann (Finance), Berend Reuder (Competition and Regulated Markets) or Eelco Bijkerk (Corporate).