The aim of the Health Market Inquiry is to assess whether the health market is working effectively from a competition standpoint. The inquiry was initiated by the Commission because it had reason to believe that there are features that prevent, distort or restrict competition in the private healthcare sector.
The objective of the inquiry is to determine whether such features exist and, if they do, what recommendations to make. The panel’s focus is on “competition” and how certain practices limit competition, but keep the patient/consumer in mind at all times.
ICPA submitted two papers to the Competitions Commission in 2014 documenting anti-competitive and illegal practices in the pharmaceutical industry. ICPA then updated these submissions to reflect current practices, altogether a culmination of 2 years of research before presenting its findings. The key issues were then addressed at the Public Hearing of the Competitions Commission Health Market Inquiry on 23 February 2016 in Pretoria.
Click here to view the ICPA presentation.
An ICPA delegation consisting of the Chairman, CEO and Director, supported by our attorney, presented at the Public Hearing.
The Former Chief Justice of the Constitutional Court of the Republic of South Africa, Justice Sandile Ngcobo presided over the panel and proceeding.
The approach was to leave no stone unturned and make full use of the opportunity and platform to convey the deeply entrenched perversities which exist in the industry. ICPA also provided substantial evidence in their presentation in support of claims made.
Click here for video footage of the proceedings. ICPA’s discussion can be located between the time frames of 3:34:36 – 6:10:12, on the slide bar.
In our delivery, we were cognisant of the fact to remain relevant, hence the engagement concentrated on the sustainability of the profession, patient care and patient rights. ICPA also mentioned in each case what it had done to remedy the situation.
We believe that the ICPA representation was a reality check for the Health Market Inquiry and it is now up to the Competition Commission to derive the necessary findings to influence change.