Description of Conduct

eRx Script Exchange Pty Ltd (eRx) is seeking revocation of authorisation AA1000472 and substitution with a new authorisation to facilitate the inclusion of Symbion Pty Ltd t/a Minfos (Minfos), a third provider of Conformant Prescription Delivery Services (CPDS) in the exchange of electronic scripts. The current authorisation will expire on 30 June 2025, however eRx seeks revocation and substitution to support a rebuild of the infrastructure supporting the exchange of CPDS data to accommodate the entry of Minfos. The parties also seek to ensure that the ongoing operational costs of the IT infrastructure necessary to facilitate the interoperability of the CPDS are shared equally between them. Those IT services will be provided by Medication Knowledge, which is jointly owned by the parent companies of the pre-existing parties to authorisation AA1000472.  eRx seek interim authorisation to permit entry by Minfos as soon as possible.

The revised authorisation sought will allow the parties to give effect to:

  • a revenue sharing arrangement that will underpin the exchange of prescription data between the parties, and will be substantially similar to the revenue sharing arrangement the subject of the authorisation AA1000472
  • the fixing, controlling or maintaining of the fees that Medication Knowledge will charge for its services to the parties.

Authorisation is sought for the same time period as the current authorisation, being 30 June 2025.

On 15 December 2022, the ACCC granted interim authorisation to allow eRx and MDS to amend its revenue sharing arrangement with IP MDS Pty Ltd (MDS) to facilitate the entry of a third provider of electronic pharmacy prescription exchange systems, and allow for the sharing of costs required to establish new and enhanced IT infrastructure while the ACCC considers the merits of the substantive application for re-authorisation.

An indicative timetable for the ACCC’s assessment is set out below.

Indicative date

Stage in assessment process

15 November 2022

Lodgement of application and supporting submission.

28 November 2022

Public consultation process begins.

2 December 2022

Closing date for submissions on interim authorisation.

December 2022

ACCC decision regarding interim authorisation.

25 January 2023

Closing date for submissions from interested parties.

February 2023

Applicant responds to issues raised in the public consultation process.

March 2023

Draft determination.

March 2023

Public consultation on draft determination including any conference if called.

May 2023

Final determination.

Applicant(s)

  • eRx Script Exchange Pty Ltd

Authorisation number(s)

  • AA1000628-1

Applications

Document title Date
Application

Decisions

Document title Date
Interim Authorisation Decision

Consultations

ACCC correspondence

Submissions - before draft decision