The ACCC has issued a draft determination proposing to re-authorise arrangements which allow current and future members of Medicines Australia and the Generic and Biosimilar Medicines Association (the MA/GBMA Working Group) to continue to implement a coordinated strategy in relation to the supply of essential medicines and related devices in response to the COVID-19 pandemic. The proposed re-authorisation would continue to have a condition that requires Medicines Australia to report any meetings, discussions, developments or decisions between MA/GBMA Working Group members to the ACCC.
This conduct has been previously authorised since April 2020, however the conduct in the application for re-authorisation is narrower in scope. In particular, MA/GBMA Working Group members would engage in the conduct only at the request of the Federal Government and/or a Federal Government Agency.
The ACCC considers that the conduct is likely to continue to result in public benefits by allowing the MA/GBMA Working Group, at the request of relevant Government agencies, to work together to address shortages in the supply of essential medicines and devices that arise as a result of COVID-19.
The draft determination follows the interim authorisation the ACCC granted and enables the existing (previously authorised) arrangements to continue with a condition while the ACCC considers the substantive application.
The ACCC proposes to grant re-authorisation until 30 September 2022.
The ACCC invites submissions in response to this draft determination by 25 November 2021 before making its final decision.
Copies of the application for re-authorisation and the ACCC’s interim decision and draft determination are available on the public register.