The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Adelaide against two cardiothoracic surgeons who operate in the Adelaide metropolitan area, Mr John Lincoln Knight and Mr Iain Kenneth Ross, for alleged breaches of the Competition Code of South Australia*.
The ACCC alleges that Mr Knight and Mr Ross engaged in alleged anti-competitive conduct in relation to two other cardiothoracic surgeons who also operate in the Adelaide metropolitan area.
This includes allegations that Mr Knight and Mr Ross took action to hinder or prevent one of the surgeons from gaining accreditation at a private hospital in Adelaide and obtaining appointments at various hospitals.
Other allegations include that Mr Knight and Mr Ross took action to hinder or prevent the other surgeon from providing his services at a private hospital in Adelaide and attempted to reach a market sharing arrangement with that surgeon.
The ACCC is seeking orders including:
- declarations
- pecuniary penalties
- findings of fact
- trade practices compliance training, and
- costs.
A directions hearing is listed for 14 March 2007 in the Federal Court, Adelaide before Justice Mansfield at 9 am.
*The Competition Code of South Australia is a South Australian law, which forms a part of a single National Competition Policy that applies across Australia. Under the Trade Practices Act 1974, the ACCC is often restricted to instituting proceedings against corporations for anti-competitive conduct; under the code, the ACCC can institute proceedings for such conduct directly against individuals.