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The role of competition law to facilitate the achievement of competitive outcomes in the healthcare sector
Competition law is defined as the rules or provisions which set out to safeguard and
sustain a market where fair, yet vigorous, competition will result in the most effective
allocation of economic resources and in the production of goods and services at the
lowest price. Competition law is thereby designed to create a parallel playing field
where big and small businesses can compete fairly and efficiently.
During 2013 to 2019, the Competition Commission deriving its powers from section
43B(1) of the Competition Act 89 of 1998 conducted a market inquiry into the private
healthcare market on the reasonable belief that certain features of the market impede,
distort and restrict competition within the market. The market inquiry was undertaken
for purposes of uncovering competition concerns in market and also as a means of
offering remedies and policy reforms to restore competition and to advance the
purpose of the Competition Act.
Upon conclusion of the market inquiry, the Competition Commission released a report
which outlined its findings and further set out recommendations on how to improve the
competition within the health care market.
This dissertation seeks to determine what the role of competition law is in facilitating
the competitive outcomes in the South African healthcare market. It further focuses on
where the South African private healthcare market and competition law meet.
Description:
Dissertation (LLM (Mercantile Law))--University of Pretoria, 2023.
Authorities have always been conflicted in their enforcement of competition laws. This is due to the fact that they are often tasked with balancing traditional competition goals such market efficiency and consumer welfare ...