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NTC - Network Healthcare Holdings Limited - Press Release

Release Date: 11/03/2008 07:30
Code(s): NTC
Wrap Text

NTC - Network Healthcare Holdings Limited - Press Release Network Healthcare Holdings Limited Registration number 1996/008242/06 Incorporated in the Republic of South Africa JSE share code: NTC ISIN code: ZAE000011953 ("Netcare" or "the company") Press Release The Tribunal today indicated that it would not approve the agreement between Netcare and the Competition Commission to resolve the issues relating to Netcare`s relationship with Community Healthcare Group Limited ("CHG"). This agreement arose following the Commission suggesting that Netcare had prior implemented a merger by assuming control over CHG and that there had been a contravention of section 4(1)(b) of the Competition Act, because Netcare had represented CHG as an associated company in negotiations with medical schemes. Netcare and the Commission had agreed to settle the matter on the basis of the payment of a sum of R6 500 000. Originally the majority of the CHG hospitals were owned by the Macmed Group ("Macmed"). Macmed offered the hospitals to Dr A Mokgokong and Mr Joe Madungandaba and agreed to transfer its hospitals into a new entity, which would be controlled by Dr Mokgokong and Mr Madungandaba. Dr Mokgokong and Mr Madungandaba subsequently incorporated the Malesela Hospital Group ("MHG"), which resulted in the hospitals which had previously been owned by Macmed being transferred into MHG. In 1999, Macmed was liquidated. Shortly thereafter, the majority of the MHG subsidiaries were also liquidated in consequence of the Macmed liquidation. Following the liquidation of Macmed, Netcare agreed to provide financial assistance to Dr Mokgokong and Mr Madungandaba to acquire the hospitals out of liquidation on the basis that it was a black economic empowerment initiative. Netcare`s financial assistance was utilised to rescue the hospitals from liquidation and to establish CHG. Moreover, CHG required Netcare`s assistance in relation to IT systems and infrastructure in order to function effectively. At the time that Netcare initially acquired the shareholding in CHG it was advised at that stage the acquisition of the shares in CHG did not constitute a notifiable merger. Following the termination of the traditional collective negotiations between the BHF, HASA and SAMA, small hospital groups like CHG were not able to negotiate tariffs independently. Accordingly, given the fact that CHG was reliant on Netcare for its IT systems and infrastructure, Netcare informed medical schemes that it would be negotiating tariffs on behalf of CHG. At the time Netcare engaged with medical schemes on CHG`s behalf, it was transparent about the fact that it was representing CHG in the negotiations on the basis of the fact that CHG was considered to be part of the broader Netcare Group and that Netcare had acquired a significant shareholding in CHG. Netcare`s conduct in this matter was motivated principally by a desire to assist black economic empowerment and facilitate the transformation of the private healthcare sector. As such, Netcare is disappointed with the decision of the Tribunal not to sanction the consent order. It is Netcare`s view that the proposed consent order is a fair resolution of the historical events which ultimately led to the Competition Tribunal approving unconditionally Netcare`s acquisition of the entire issued share capital of CHG late last year. In coming to this decision, the Tribunal concluded that Netcare`s acquisition of control over CHG would not lead to a substantial prevention or lessening of competition in any relevant market. Netcare is currently studying the Tribunal`s decision with a view to engaging constructively with the Competition Authorities in order to reach a satisfactory resolution of this issue. 11 March 2008 Sponsor Merrill Lynch South Africa (Pty) Limited Date: 11/03/2008 07:30:45 Supplied by www.sharenet.co.za Produced by the JSE SENS Department. The SENS service is an information dissemination service administered by the JSE Limited (`JSE`). The JSE does not, whether expressly, tacitly or implicitly, represent, warrant or in any way guarantee the truth, accuracy or completeness of the information published on SENS. The JSE, their officers, employees and agents accept no liability for (or in respect of) any direct, indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising, from the use of SENS or the use of, or reliance on, information disseminated through SENS.

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