The ACCC proposes to grant re-authorisation with conditions to the Australia New Zealand Industrial Gas Association (ANZIGA), its members and other suppliers of medical oxygen notified to the ACCC. The authorisation enables the parties to exchange information and make and give effect to contracts, arrangements or understandings required to ensure security of supply of medical oxygen to hospitals and similar medical facilities in the event of significant demand increases or supply constraints during the COVID-19 pandemic (the Conduct).
The Conduct has been authorised since June 2020 and is unchanged in the current application. The re-authorisation is proposed to continue existing notification and reporting conditions. To date, the parties have not engaged in the Conduct, but its continued authorisation will enable them to be in a position to ensure the urgent supply of medical oxygen if necessary.
The conditions require that the parties provide written notice to the ACCC prior to engaging in the Conduct, including (where a threat relates to the public health system) confirmation that the relevant state or territory health authority has been notified of the specified threat.
The ACCC proposes to grant re-authorisation until 30 September 2022.
Authorisation provides businesses with legal protection for arrangements that may otherwise risk breaching the law but are not harmful to competition and/or are likely to result in overall public benefits. In this instance, ANZIGA’s members may be in competition with each other to supply medical oxygen to hospitals and similar medical facilities.
Further information about the ACCC’s decision and how to make a submission in relation to the draft determination is available on the ACCC’s public register at: Australia New Zealand Industrial Gas Association (ANZIGA).