Question 4
[17 Marks]
Read the case below and answer the questions that follow.
NACC probes E-Med over 'monopoly'
News - National I 2014-01-30 by Adam Hartman
AN official complaint was filed at the Namibian Competition Commission (NACC} against E-
Med Rescue Namibia over its alleged market manipulation and monopoly.
Although NACCcorporate communications officer Dina Gowases did not give details, she told
The Namibian that a complaint was filed in February 2013 and that it pertained to an alleged
infringement that has a bearing on fair competition in the market.
As you are aware, two of the biggest emergency medical evacuation service providers, E-Med
Rescue Namibia and I-SOS filed a merger notice on 29 October 2012 with the commission.
This merger was prohibited due to the fact that it could result in certain anti-competitive
practices, one being the fact that this transaction could result in a situation of market
dominance in the relevant market, she said.
Unfair competition relates to any conduct within the business environment that deters other
businesses to grow, or creates barriers for any entrepreneur to enter a certain market. It also
entails agreements by businesses to only trade amongst themselves, allocate certain market
locations to each other or fix prices to enhance the growth of their businesses at the expense
of others, as this type of conduct leads to the closure of other businesses.
Unfortunately, the commission is not in a position to divulge more on the motivation and
merits of the complaint to maintain confidentiality during its investigation process.
Holding a dominant position is not prohibited but the abuse of that dominance by
undertakings is not allowed. Unfair competition is not inherent merely because a market is
monopolised but rather the abusive conduct by dominant players poses a problem, she
explained.
E-Med Rescue Namibia's managing director Eddie Bezuidenhout said investigations are
ongoing and their lawyers were handling the case.
He said the investigation was launched to determine if E-Med is not giving other ambulance
companies the rightful opportunity to grow and develop the quality of their service delivery.
This is not true. If you deliver a good service and more people come join you because of your
good service, this, in my opinion, is not a monopoly, but rather a result of your quality service.
Some people therefore had a bit of a bad taste because we are serving more clients because
of our quality service and the way we manage emergency scenarios, he explained.
He said E-Med is not focused to manipulate, but to give quality service to Namibian citizens.
There are concerns over the partnerships Namibia's medical aid services providers have
entered into with E-Med. Bezuidenhout said medical aid funds look at who can give the best
service to their (the medical aids service providers') clients - and that E-Med was duly
considered.
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