Netcare claims that KPMG has acted in conflict of interest given
its appointment as a consultant to the Commission in the context of
the Market Inquiry into the Private Healthcare Sector in terms of
the Competition Act 89 of 1998 (as amended).
Netcare seeks an interim interdict against KPMG to prevent it
from working with the Commission in the upcoming Market
Inquiry. KPMG has already filed a Notice of Intention to
Oppose Netcare's Application. The process before the High
Court contemplates KPMG filing an Answering Affidavit before 16
January 2014 and the matter is currently scheduled to be heard on 4
KPMG rejects the claims and allegations that Netcare has made,
and is in the process of preparing its Answering Affidavit and
response to the Application.
No historic engagement by KPMG for Netcare would be to the
prejudice of Netcare given KPMG's current engagement for the
Commission in the Market Inquiry. KPMG maintains and respects the
integrity of all clients confidential information.
KPMG's engagement with the Commission is to support the
Commission - and the subsequent panel to be appointed - in an
inquisitorial process directed at the Private Healthcare Sector and
which is intended to identify all factors that impact
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Dominant firms are prohibited by the Competition Act 1998 from charging excessive prices to the detriment of consumers. Why only dominant firms? The presumption is that a small firm will lose its customers to its competitors if it charges excessive prices.
The Competition Commission recently found a dual distribution restraint to amount to a market allocation agreement between competitors, which is outright unlawful under the Competition Act, 89 of 1998.
Under South African competition law, public interest factors can be used to permit an anti-competitive merger, or to prohibit a pro-competitive merger.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).