OFT again spurns BetterCare claim

Posted on December 1st, by editor in Caring Times. No Comments

A complaint made by care home operator BetterCare, which had been upheld by the Competition Commission Appeals Tribunal (CCAT), overturning an earlier rejection by the Office of Fair Trading (OFT), has again been rejected by the OFT. The OFT has found that the North & West Belfast Health & Social Services Trust (N&W) has not breached the Competition Act. Supported by the Registered Homes Confederation of Northern Ireland and Bedfordshire Care Group, BetterCare had first complained to OFT that North and West Belfast Health and Social Services Trust was abusing its dominant market position as a purchaser of care for elderly people. In November 2001, the OFT rejected BetterCare¹s complaint on the grounds that N&W, when purchasing residential and nursing care for the disadvantaged in society using monies raised by taxation, was not acting as an undertaking. The prohibitions contained in the Competition Act 1998 only apply to undertakings. BetterCare then appealed to the CCAT, warning at the hearing that, due to

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