On 6 June 2024, the Australian Competition and Consumer Commission (ACCC) granted interim authorisation to the Australian Dental Association Inc (the ADA) to continue to make and give effect to contracts, arrangements and understandings between 2 or more dental practitioners on the fees to be charged for dental services provided within a practice, where the parties operate in a ‘shared practice’ and at least one party is a member of ADA.
The ACCC considers this interim authorisation maintains the status quo that existed under the previous authorisation and avoids disruption and additional administrative burden to dental practitioners operating in shared practices, during the period in which the ACCC considers the substantive application for revocation and substitution.
Interim authorisation commences immediately and provides protection from legal action for conduct that may otherwise breach the competition provisions of the Competition and Consumer Act 2010 (Cth) while the ACCC considers the substantive application. The ACCC may review the interim authorisation at any time and its interim authorisation decision should not be taken to be indicative of whether or not final authorisation will be granted.
Further information about the ACCC’s decision is available on the ACCC’s public register.