The Australian Competition and Consumer Commission has issued a draft decision proposing not to allow members of the Australian Society of Ophthalmologists (ASO) to reach fee agreements for ophthalmic services provided within shared practices.
There are 812 practicing ophthalmologists (eye surgeons) in Australia, with the majority working in major cities. The ASO represents approximately 60 per cent of them.
“The ACCC is concerned that if most ophthalmologists could agree with other members of their practices on prices for services, it may result in higher prices for patients. This is particularly concerning in an environment of high demand and long waiting times for these services,” ACCC Deputy Chair Dr Michael Schaper said.
Currently, each ophthalmologist sets their own fees in competition with other ophthalmologists in their area, including any they share a practice with. There is a small number of ophthalmologists in any given area within Australia, particularly in rural and remote areas. This is unlike the larger number of GPs or dentists, which the ACCC has previously allowed to agree on fees charged within shared practices.
The ACCC notes that the majority of ophthalmologists are already participating in shared practices.
The ACCC’s preliminary view is that the public benefits are not likely to outweigh the detriments from the proposed arrangements.
Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.
The ACCC’s draft decision is available at www.accc.gov.au/AuthorisationsRegister