ACM: trade associations in the chiropractic sector to no longer interfere in their members’ discount policies
In het kort
- Trade associations in the chiropractic sector interfered in their members’ discount policies.
- Chiropractic practices were not fully free to offer discounts or to offer their clients free exams.
- The trade associations have changed their bylaws, as a result of which clients are able to benefit from reduced prices.
Going forward, trade associations in the chiropractic sector will no longer interfere in price discounts offered by their members. They have made this commitment to the Netherlands Authority for Consumers and Markets (ACM). The trade associations involved are Dutch Chiropractic Federation (DCF), the Christian Chiropractic Association (in Dutch: Christelijke Chiropractoren Associatie, or CCA), and the National Register of Chiropractors Foundation (in Dutch: Stichting Nationaal Register van Chiropractoren, or SNRC). According to the commitment, affiliated chiropractic practices are free to offer discounts to their clients. As a result, clients are able to benefit from reduced prices and better options.
In the Netherlands, chiropraxis falls under alternative medicine. It involves the diagnosis, treatment, and prevention of all kinds of pain, particularly in the vertebral column. Chiropraxis is not covered under the standard package of the standard health insurance. Sometimes, it is covered by an additional insurance.
Restrictions to discounts and ads
ACM had launched an investigation following a report about restrictions imposed on members, which were laid down in SNRC’s bylaws. DCF and CCA follow these bylaws, too. According to the bylaws, affiliated chiropractors were not allowed to offer discounts to clients. In addition, they were also not allowed to offer their clients the first intake or some exams for free. Also, chiropractic practices were not fully free in their choice of advertising strategy, because of these bylaws.
These rules thus restricted affiliated chiropractic practices in their ability to offer discounts as well as their ability to distinguish themselves and try to make a name for themselves.
Changes to the bylaws
Following discussions with ACM, all three trade associations (SNRC, DCF, and CCA) have made changes to their bylaws:
- The ban on discounts and the ban on free exams have been removed.
- The provision on advertising strategy has been changed into: it is not allowed to engage in misleading advertising.
The three associations have informed the affiliated chiropractors about these changes.
ACM also sat down with another trade association as well as with another quality register in the chiropractic sector. These did not interfere in their members’ price strategies, but they did impose restrictions on their members’ advertising strategies. Following the discussions with ACM, they made changes to these provisions.
Trade associations: no recommendations about prices
Trade associations cannot give recommendations about prices or price elements, including discounts. This also applies to trade associations in health care and thereto-related sectors. ACM enforces compliance with these rules. In 2019, ACM published its Guidelines regarding Collaborations between Competitors, targeting trade associations, among others. If you are unsure whether your communications comply with the rules, please consult ACM’s Guidelines regarding Collaborations between Competitors.
- Oversight over the health care market (in Dutch)