Dáil Éireann Debate, Tuesday - 20 June 2017
158. Deputy Billy Kelleher asked the Tánaiste and Minister for Jobs, Enterprise and Innovation her views on whether it would be in the consumer interest if a company (details supplied) only allowed its own policy holders to access clinics in view of the recent approval by the Competition and Consumer Protection Commission for the company to take full ownership of clinics. [26832/17]
Amharc ar fhreagraThe Competition and Consumer Protection Commission (CCPC) is the statutory body responsible for the enforcement of domestic and EU competition and consumer law in the State. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions, including in relation to merger/ acquisition determinations. As merger/ acquisition determinations form part of the statutory functions of the CCPC, I, as Minister for Jobs, Enterprise and Innovation have no direct function in the matter.
However, I am informed that the CCPC recently assessed and approved the acquisition of sole control of Aras Slainte Limited by Vhi Investments DAC.
The CCPC’s role in relation to merger/acquisition determinations is statutorily restricted to examining whether the proposed transaction would result in a “substantial lessening of competition” as provided for in Section 20 of the Competition Act 2002.
During the extended investigation, I am informed that the CCPC requested and received, on an on-going basis, further information and clarifications from the notifying parties and third parties. The CCPC’s analysis of the proposed transaction involved an in-depth economic assessment of the affected relevant markets, consultation with third parties and an assessment of the potential impact of the proposed transaction on consumers.
I understand that the CCPC has formed the view that the transaction will not substantially lessen competition in any market for goods or services in the State. This view was formed on the basis that the transaction would impact on three Vhi SwiftCare clinics in the State – two in Dublin and one in Cork - and as such, there are a multitude of other primary care options (e.g., GPs, A&E departments in public and private hospitals, etc.) active in the potential markets in Dublin and Cork. The CCPC also considers that other health insurers could either introduce their own clinics or seek to make arrangements with other health facilities to provide a similar service to their customers.
In addition, I am informed that the CCPC sought, and was given, assurances from Vhi that any changes to access to Vhi SwiftCare clinics for customers of other health insurers would be communicated in advance in a timely and widespread manner to affected health insurance policy-holders.
My colleague, the Minister for Health, has policy responsibility for health insurance.
