The Competition Authority completed its investigation against 18 private health institutions operating in Bursa and Samsun and decided to impose a heavy fine. Organizations that agreed to act jointly at many points were fined more than 57 million TL.
The Competition Authority has recently decided to jointly determine the operating room service fees that some private hospitals demand from freelance physicians and to establish a gentleman’s agreement between the hospitals. such as preventing personnel transfer initiated an investigation into the conduct. This investigation was concluded today and the Competition Board fined health institutions operating in Samsun and Bursa.
According to the announcement on the Competition Authority’s website, as a result of the discussion of the file made by the Board, it was decided that a total of 18 private health institutions and 1 enterprise union violated Article 4 of the Law No. 4054 on the Protection of Competition. In total, the Board 57 million 958 thousand TL fine. decided.
Even the maximum and minimum salary increase rates of the employees have been determined:
The shared information also showed in which areas the organizations agreed with each other, preventing competition. Accordingly, a collusive price was determined for operating room services for private physicians, prices were determined for some operations such as bypass, stent and angiography, and for report approval services, a gentleman’s agreement was concluded not to transfer physicians from one another, and salary increases of employees by determining the minimum and maximum rate It was concluded that competition in the labor market was restricted.
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Article 4 of Law No. 4054:
In a particular good or service market, which directly or indirectly aims to prevent, distort or restrict competition, or which has or may cause such an effect. inter-enterprise agreements, concerted practices and such decisions and actions of associations of undertakings are illegal and prohibited. These cases are, in particular:
- a) Determining the purchase or sale price of goods or services, factors such as cost and profit forming the price, and any purchase or sale conditions,
- b) Dividing the markets for goods or services and sharing or controlling all kinds of market resources or elements,
- c) Controlling the supply or demand of goods or services or determining them outside the market,
- d) Making it difficult or restricting the activities of rival undertakings, or taking the undertakings operating in the market out of the market by boycotting or other behaviors, or preventing new entrants to the market,
- e) With the exception of exclusive dealership, applying different conditions to persons in equal status for equal rights, obligations and actions,
- f) Contrary to the nature of the agreement or commercial practices, requiring the purchase of a good or service together with other goods or services, or making a good or service demanded by buyers acting as an intermediary undertaking the condition of displaying another good or service by the buyer, or asserting conditions regarding the re-supply of a good or service,
In cases where the existence of an agreement cannot be proven, the fact that the price changes in the market or the balance of supply and demand or the activity areas of the undertakings are similar to those in the markets where competition is hindered, distorted or restricted constitutes a presumption that the undertakings are in concerted practice.
Each of the parties, provided that it is based on economic and rational facts not taking concerted action by proving can avoid liability.