Vivek Sharma Vs Batra Hospital & Medical Research Centre of Ch. Aishi Ram Batra Public Charitable Trust (Competition Commission of India)
CCI Closes Hospital Pricing Case Since Excessive Charges Were Not Proved; No Separate Aftermarket Exists as Patients Can Compare Hospital Costs Before Admission; CCI Rejects Excessive Pricing Allegations Due to Inadequate Comparisons With Diagnostic Labs; No Abuse Found Since Medicines and Consumables Were Sold Within MRP Limits; CCI Holds Patients Are Not Completely Locked Into In-House Hospital Services; Stent Prices Within NPPA Ceiling Limits Weighed Against Abuse Findings; CCI Finds No Evidence That Hospital Operated Independently of Competitive Forces; DG’s Procurement Price Methodology Rejected in Hospital Pricing Investigation; CCI Closes Proceedings After Finding No Section 4 Violation by Delhi Hospital
The Competition Commission of India (CCI) examined allegations relating to abuse of dominant position by Batra Hospital & Medical Research Centre of Ch. Aishi Ram Batra Public Charitable Trust concerning pricing of medicines, consumables, medical devices, room rent, and diagnostic services provided to in-patients.
The matter originated from information filed under Section 19(1)(a) of the Competition Act, 2002 alleging that disposable syringes manufactured by Becton Dickinson India Pvt. Ltd. and sold through the in-house pharmacy of Max Super Specialty Hospital, Patparganj carried higher MRPs than syringes sold in the open market. The Commission initially directed investigation into possible contravention of Sections 3 and 4 of the Act.
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