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LML4802- COMPETITION AND TRADEMARK 2024 ASSIGNMENT $4.51   Add to cart

Exam (elaborations)

LML4802- COMPETITION AND TRADEMARK 2024 ASSIGNMENT

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THIS DOCUMENT HAS 2024 ASSIGNMENT FOR COMPETITION AND TRADEMARK

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  • January 6, 2024
  • 15
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers
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Question 1

1.1 Discovery Ltd is a diversified insurance and financial services organization that

primarily operates in South Africa. Its main focus is on health insurance, life

assurance, banking, and investment management. Meanwhile, Netcare Ltd is a

leading provider of private healthcare services in both South Africa and the

United Kingdom. The company operates a broad range of healthcare facilities,

including hospitals, ambulatory care centres and cancer care centers.

The acquisition of Netcare Ltd by Discovery Ltd could be considered a horizontal

merger as both companies are in the healthcare industry and could potentially be

direct competitors, especially in the health insurance and health care provision

sectors. However, it could also be classified as a vertical merger considering

Discovery's recent expansion into banking and investment management, which

isn’t a direct service offered by Netcare.

Under the Competition Act, numerous factors should be considered when

assessing this merger. These factors include;


 Market Concentration: The merger may result in Discovery holding a

significant share of the healthcare market and insurance sector, potentially

affecting competition.

 Effect on Competition: It’s essential to consider whether the merger could

prevent or substantially lessen competition in the healthcare industry.

 Public Interest Concerns: The impact of the merger on jobs, business

competitiveness, and the ability for small businesses to become

, competitive need to be evaluated. This is particularly important given the

unique role that the healthcare industry plays in society, especially

concerning the proposed National Health Insurance.

 Post-merger Performance and Efficiency: The possible performance boost

and increased efficiency that the merger could bring about should be

weighed against any potential anticompetitive effects.

In conclusion, while the merger could potentially enhance Discovery's wide

service offering and overall performance and efficiency, it raises significant

concerns about market concentration and reduced competition. If the acquisition

substantially lessens competition or if the public interest concerns outweigh the

efficiency gains, as the competition commission, we would recommend against

the merger

However, if the above concerns could be properly addressed through specific

conditions, mitigation strategies or divestments, or if the merger does not

substantially lessen competition and aligns with public interest, it’ll be possible to

recommend a conditional approval. It’s imperative that the potential benefits are

weighed against potential harms, and all factors set out in the Competition Act

should be properly considered. Given the unique nature of healthcare industry,

special consideration should be given to public interest concerns.

1.2

1.2.1 Report on Uni Pharma's Conduct During COVID-19 Pandemic: Potential

Contraventions of the Competition Act 89 of 199 . Based on my investigation, it

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