Guy, M Solidarity as a political determinant of health: insights from EU Competition Policy. Journal of Health Politics, Policy and Law. ISSN 0361-6878 (Accepted)

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Abstract

Context: The connection between law and political determinants of health is not well-understood, but nevertheless it is suggested that the two are inseparable, and that this represents an “upstream” level with scope for influencing other determinants of health (particularly social). Solidarity underpins European healthcare systems and given its clear link with redistribution, can be seen as a means to address health inequities. As such, solidarity may be seen as a political determinant of health in the specific context of EU competition policy. Methods: A range of EU case law, Treaty provisions, and Commission publications relating to EU competition policy are analysed. Findings: Solidarity is typically juxtaposed as antithetical to competition, thus underpins exceptions to the applicability of the prohibitions on anticompetitive agreements, abuse of dominance, and state aid. Case law indicates a further dynamic between definitions of solidarity at EU and national levels. Conclusions: This analysis leads to two groups of considerations when framing solidarity as a political determinant of health in the EU competition policy context: firstly, the predominance of solidarity suggests it may shape competition reforms, and secondly the EU-Member State dynamic which indicates less EU-level reach into national competition reforms in healthcare than may be expected.

Item Type:	Article
Additional Information:	This is the author final version of an article forthcoming in an issue of Journal of Health Politics, Policy and Law. Journal of Health Politics, Policy and Law is published by Duke University Press. Mary Guy; Solidarity as a Political Determinant of Health: Insights from EU Competition Policy. J Health Polit Policy Law 2024; 11257016. doi: https://doi.org/10.1215/03616878-11257016
Uncontrolled Keywords:	Solidarity; EU competition policy; political determinants of health; law; state aid; 1117 Public Health and Health Services; 1605 Policy and Administration; 1801 Law; Health Policy & Services
Subjects:	K Law > K Law (General) R Medicine > RA Public aspects of medicine > RA0421 Public health. Hygiene. Preventive Medicine
Divisions:	Law
Publisher:	Duke University Press
SWORD Depositor:	A Symplectic
Date Deposited:	27 Oct 2023 15:25
Last Modified:	25 Apr 2024 08:47
URI:	https://researchonline.ljmu.ac.uk/id/eprint/21757

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