Trade, Industry & Competition Minister Ebrahim Patel has amended his 19 March COVID-19 directive exempting certain categories of healthcare sector agreements and practices from sections 4 and 5 of the 1998 Competition Act, notes Pam Saxby for Legalbrief Policy Watch.
These sections prohibit collaboration likely to lead to unfair pricing practices in normal circumstances. Gazetted, the amendments add the manufacturers and suppliers of medical and hygiene products to the list of private sector entities exempt from sections 4 and 5.
This is with the aim of facilitating communication on the availability of products used in COVID-19 testing, prevention and treatment – and co-ordinating their procurement and distribution. The directive’s record-keeping requirements have been amended accordingly.
[link url="https://legalbrief.co.za/diary/legalbrief-today/policy-watch/covid-19-crisis-healthcare-sector-exemptions-amended/#redirect"]Full Legalbrief Policy Watch report[/link]