Thursday, May 23, 2024

No legal clarity on whether NBFIRA regulates medical aid schemes

The long-running dispute between the Competition and Consumer Authority (CCA) and Botswana Medical Aid Society (Bomaid) may be over but the judgement that the Court of Appeal handed down a fortnight ago doesn’t illuminate over very important issue.

The matter goes back to 2020 when Bomaid received communication from the Authority informing it of a number of complaints raised against it on allegations of acts of anti­competitiveness through refusal to deal with another enterprise; discrimination in price and other trading conditions; and exclusive dealings. CCA informed Bomaid that these conducts possibly contravened the Competition Act. In line with its processes, the Authority formally notified the medical aid scheme that it intended to investigate these allegations. That was where complications began.

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