ACM’s response to the health insurers’ agreement on the distribution of the costs of the COVID-19 crisis for 2020

For 2020, Dutch health insurers are allowed to distribute the additional costs of the effects of the coronavirus (COVID-19) crisis among themselves. The Netherlands Authority for Consumers and Markets has come to this conclusion following questions posed by health insurers. Without such distribution among themselves, the continuity of health care provision could be at risk.

In this letter, ACM explains that, in normal times, these arrangements violate competition rules. However, the outbreak of the novel coronavirus in the spring of 2020 led to an unprecedented level of uncertainty and urgency. ACM has therefore ruled that an arrangement regarding mutual equalization for the year 2020 is necessary with an eye to the continuity of health care.