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Healthcare and Pharmaceuticals

Overview

Cliffe Dekker Hofmeyr has one of the most experienced healthcare and pharmaceutical legal practices. Our team fully understands the complexity and regulatory frameworks of the South African general healthcare sector.

Health is one of the fastest growing sectors of our economy. This will accelerate with our growing population, advances in treatments and therapeutics, the growth in biotechnology, continuing consolidation of the private hospital, health insurer and diagnostic sectors, and the increasing interest in the sector being shown by investors, ICT vendors and other suppliers.

To thrive in an era of such change, healthcare providers and healthcare funders must be able to draw on advisers who are experienced in several critical areas including: healthcare regulatory, transactional, compliance, insurance, tax, competition (antitrust), dispute resolution, litigation, intellectual property and technology.

Our clients are private hospitals, healthcare practitioner groups, medical equipment suppliers, pharmaceutical companies, managed healthcare providers, medical schemes, medical scheme administrators, insurance companies and other organisations that provide or finance healthcare services. Our depth of regulatory knowledge in the healthcare industry enable care legal services.

We have an established track record of helping sophisticated clients close complicated transactions and have have responded to the growth and complexity of the healthcare sector.

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Services

  • Advising on the structuring of group and multi-disciplinary practices and the acquisition of interests in healthcare facilities by healthcare professionals
  • Drafting and advising on new healthcare legislation
  • Advising and representing various medical schemes and medical scheme administrators
  • Advising various multi-national pharmaceutical groups in regard to the proposed sale transaction which covered aspects relating to pharmaceutical product registrations and licensing and supply agreements in light of the provisions of the Medicines and Related Substances Control Act 101 of 1965
  • Advising a large international manufacturer and distributor of generic pharmaceuticals in relation to license agreements and supply and distribution agreements in light of Medicines and Related Substances Control Act 101 of 1965
  • Advising entities in relation to applications for pharmacy licenses
  • Assisting hospital groups in making submissions in respect of their code of conduct of the Health Professions Council of South Africa and the Competition Commission
  • Assisting hospital groups in their opposition to the proposed amendments to the National Health Act which envisaged regulation of hospitals
  • Assisting hospital groups on health-related legislation including the single exit pricing regulations in terms of the Medicines and Related Substances Control Act 101 of 1965
  • Assisting hospital groups from a corporate and contract law perspective in the acquisition of hospitals and the establishment of new hospitals
  • Advising a global medical-technology company in negotiating its exclusive distributorship agreements with Southern African companies, and all aspects of its arrangements with its distributors
  • Advising multi-national pharmaceutical and diagnostic systems companies in connection with the conducting of clinical trials in South Africa, in reviewing their clinical-trial agreements and informed-consent forms, and adapting them for use in South Africa in accordance with applicable laws
  • Acting for the largest pathology group in South Africa regarding the disposal by a hospital group of its interest in the pathology practice

 

 

Cliffe Dekker Hofmeyr is a member of DLA Piper Group, an alliance of legal practices. Access to Information | FICA | Disclaimer | Legal notices | Site map