The ACCC has granted interim authorisation, with conditions, to the Australia New Zealand Industrial Gas Association (ANZIGA), providing continued legal protection for ANZIGA, its members and other medical oxygen suppliers to exchange information and make and give effect to arrangements to ensure security of supply to hospitals and similar medical facilities in the event of significant demand increases or supply constraints during the COVID-19 pandemic.
Authorisation for identical conduct was first granted in June 2020. This authorisation is due to expire on 30 September 2021. ANZIGA advises that the relevant parties have not needed to engage in the authorised conduct to date as Australia has managed to limit COVID-19 infection rates to levels where security of medical oxygen supply has not been threatened.
However, ANZIGA has requested re-authorisation to enable the legal protection for competition laws for the same conduct to continue so that they will be able to respond quickly should there be any future threat to the supply of medical oxygen during the COVID-19 pandemic.
Interim authorisation commences immediately and remains in place until it is revoked, the application for authorisation is withdrawn, or the date the ACCC’s final determination comes into effect.
Interim authorisation protects the arrangements for which authorisation is sought from legal action under the relevant provisions of the Competition and Consumer Act 2010 while the ACCC considers and evaluates the merits of the substantive application for authorisation.
A copy of the ACCC's Interim Authorisation Decision, including the reasons for granting interim authorisation and the conditions of interim authorisation, is available on the ACCC public register at: Australia New Zealand Industrial Gas Association