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Tribunal orders CMS to submit further details in complaints against SAMA

The Competition Tribunal has given the Council for Medical Schemes (CMS) 20 business days to consolidate its pleadings in connection with two complaints it brought in 2013 against the South African Medical Association (SAMA) and two other member organisations for price fixing.

The Tribunal also dismissed an application by SAMA to have the two complaints dismissed. The Tribunal said that CMS is required to provide the particulars sought by SAMA in relation to its complaints against SAMA.

In the complaints brought by CMS it alleged that the 2009 medical tariffs determined by SAMA allowed pediatricians to bill an extra 50% above the medical aid rate payable for new born babies requiring intensive care.

The CMS also complained about the 2010 billing guidelines of the Society for Cardiothoracic Surgeons of South Africa (SOCTSA).

In each case the CMS alleged that the application of these tariffs amounted to prohibited conduct under the Competition Act.

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