– Scottish Parliament written question – answered am ar 13 Awst 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Linda Fabiani Linda Fabiani Scottish National Party

Question S2W-1581

To ask the Scottish Executive, further to the answers to questions S1W-33605 S1W-33606 and S1W-33607 by Mr Frank McAveety on 14 February 2003, whether it has reflected further on any implications of the BetterCare Group Ltd ruling and, in particular, whether the ruling will have any implications for the provision of public services.

Photo of Andy Kerr Andy Kerr Llafur

The BetterCare Group Ltd ruling implies that the Competition Act 1998 may apply to public bodies in certain circumstances, for example where they purchase services. The Competition Act is intended to prohibit agreements between undertakings which are anti-competitive and to prevent abuse by undertakings of a dominant market position. Irrespective of application of the Competition Act, public bodies should avoid anti-competitive behaviour. Furthermore, European Community law places detailed obligations (aimed at promoting fair and open competition) on public bodies when procuring services. As such the Executive does not expect the BetterCare Group Ltd ruling to have significant implications for the provision of public services.

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