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2015 (4) TMI 343 - COMPETITION COMMISSION OF INDIARevision of package rates applicable under Central Government Health Scheme (CGHS) - Different rates of reimbursement to the private hospitals based on their accreditation with National Accreditation Board for Hospitals (NABH) - Indulging in unfair trade practice - Contravention of provisions of Section 3 and 4 of Competition Act ,2002 - Held that:- The activities performed by the above said entities cannot be covered under the definition of enterprises in terms of Section 2(h) of the Act as they are not engaged in any commercial or economic activities and as such provisions of Section 4 of the Act are not attracted against them. Therefore no, prima facie, case is made out under the provisions of Section 4 of the Act in the matter.The different rates prescribed by DGHS for NABH accredited hospitals cannot be considered as anti-competitive in any manner, rather it would act as an incentive to non-accredited hospitals to secure such accreditation and provide quality health care services, which will ultimately benefit the patients. As regards the allegations of violation of Section 3 of the Act, the Informant has not submitted any cogent evidence stating existence of any agreement, in any manner, between the Opposite Parties in the matter. Thus, prima facie, no case in terms of Section 3 of the Act is made out against the Opposite Parties. In view of the aforesaid, the Commission holds that no prima facie case is made out against the Opposite Parties either under the provisions of Section 3 or Section 4 of the Act for making a reference to the Director General for conducting investigation into the matter. - Order to close the proceedings.
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