Bomaid granted another chance to avoid CCA investigation

On November 4, 2022, the High Court ruled that Bomaid is an enterprise subject to regulation by the Competition Act, clearing the way for the CCA to resume its investigations against the entity for alleged anti-competitive practices. The High Court found that Bomaid is an enterprise within the meaning of the Competition Act 2018 and is, therefore, subject to regulation by the Act.

The High Court declared that Bomaid is a body that carries out business for gain or reward and that its goal is one of a commercial and socio-economic nature. The reasons for this declaration were that Bomaid regulates its tariffs, the scheme is not compulsory, it provides several types of schemes by subscriptions effected by members, and a member’s ability to access healthcare benefits is determined by the scheme they subscribe to. And finally, a member’s failure to subscribe may result in their exclusion from such benefit.