Skip to main content

Dr LH Hiranandani Hospital slapped with fine of 3.8 crore by CCI

Dr LH Hiranandani Hospital in Mumbai has been slapped with a fine of Rs. 3.8 crore for anti-competitive practices by the Competition Commission of India (CCI), the first time the increasingly assertive anti-trust regulator has penalised a hospital .

The CCI said the super-specialty hospital's exclusive agreement with stem cell banking company Cryobanks International India limited consumer choice and had the potential to mould consumer preferences and distort the market mechanism completely in the long run . "Such agreements notonly affect the competition adversely but are also against the spirit of health services and affectfreetradebesidesbeing anti-consumer ," the CCI said in its order .

The action against Hiranandani is basedon a complaintfiledlast year by Ramakant Kini , a lawyer and family friend of Mumbai resident M Anu Jain,who was denied maternity services by the hospital during the 38 th week of her pregnancy becauseshe refused to avail the services of Cryobanks . Jain preferred the stem cell banking services of Cryobanks ' main rival , Lifecell International , as she did during the birth of her first child .

The CCI observed that "there is an onerous responsibility on hospitals to behave ethically towards patients". Thanks to its punitive action , the CCI may have established itself as a quasiwatchdog in the grossly under-regulated Indian healthcare sector. The penalty has set a precedent for patients to complain against abuse of monopoly and exploitation by hospitals and other healthcare service providers , according to experts .

"The order signals the CCI's deep concern against anti-competitive and anti-consumer practices in a vital sector such as health services ," said Vinod Dhall , former CCI chairman . Dhall heads Vinod Dhall-TT &A, a legal firm specialising in competition law that represented Kini . Companies like Lifecell and Cryobanks collect, process and store blood from umbilicalcord— rich in stem cells — in the moments after birth . Stem cells are used in medical treatments .

Article referred: http://www.linkedin.com/groups/CCI-fines-Hiranandani-Hospital-Rs-5040907.S.5848028311690694658?view=&gid=5040907&type=member&item=5848028311690694658&trk=eml-anet_dig-b_nd-pst_ttle-cn

Comment:

An amniotic stem cell bank is a facility that stores stem cells derived from amniotic fluid for future use. Stem cell samples in private (or family) banks are stored specifically for use by the individual person from whom such cells have been collected and the banking costs are paid by such person. The sample can later be retrieved only by that individual and for the use by such individual or, in many cases, by her or his first-degree blood relatives. In case of amniotic fluid stem cell banking, the mother providing the donation initially has ownership of the stem cells and financial responsibility for its storage. When the child from that pregnancy reaches legal age, the ownership and responsibility for the sample may be transferred. The first private amniotic stem cell bank in the US was opened by Biocell Center in October 2009 in Medford, Massachusetts.

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...