The ACCC has issued a final determination granting re-authorisation for 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. Re-authorisation is granted with a condition that requires Medicines Australia to report any meetings, discussions, developments or decisions between MA/GBMA Working Group members to the ACCC.

A form of this conduct has previously authorised since April 2020, however the conduct in the current application for re-authorisation is narrower in scope. In particular, MA/GBMA Working Group members will 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 ACCC has decided to grant re-authorisation with the reporting condition until 30 September 2022 for the sole purpose of ensuring the supply of essential medicines and related devices in response to issues arising from the COVID-19 pandemic.

A copy of the ACCC’s final determination is available on the public register.