Medical Technology Association of Australia Limited

Summary

On 24 March 2020, Medical Technology Association of Australia Limited (MTAA) lodged an application for authorisation on behalf of itself, its members, and relevant non-member businesses in the medical technology industry (the Participants), to coordinate the supply of medical equipment and related supplies in response to the COVID-19 pandemic. MTAA seeks authorisation so that the Participants can exchange information relating to the availability of stock, quantity, new sources of supply and opportunities to increase manufacturing for a range of medical equipment (including ICU ventilators, COVID-19 testing kits and Personal Protective Equipment) required to respond to the COVID-19 pandemic. MTAA is also seeking authorisation to coordinate orders and supply, prioritise requests and respond to tenders for medical equipment as the need arises in responding to the COVID-19 pandemic.

The ACCC granted urgent interim authorisation on 25 March 2020 so that the Participants could begin coordinating to address supply shortages.

The MTAA amended its application on 14 April 2020, expanding upon the conduct proposed. On 17 April 2020, the ACCC revoked the interim authorisation granted on 25 March 2020 and substituted it with conditional interim authorisation for the proposed conduct set out in MTAA’s 14 April 2020 application amendment.

On 26 June 2020, the ACCC issued a draft determination proposing to grant conditional authorisation to the Participants.

The ACCC’s final determination is made on 10 September 2020. If no application for review of the determination is made to the Australian Competition Tribunal, the authorisation will come into effect on 2 October 2020.

The ACCC has decided to grant authorisation until 30 September 2021.

A timetable is set out below for your information

24 March 2020

Lodgement of application

25 March 2020

ACCC decision on interim authorisation

14 April 2020

MTAA amended the application

17 April 2020

ACCC revoked interim authorisation granted on 25 March 2020 and substituted with conditional interim authorisation

17 April 2020

Consultation on the application and interim authorisation commences

8 May 2020

Closing date for submissions

29 May 2020

Applicants respond to issues raised in public consultation process

26 June 2020

ACCC draft determination

July/August 2020

Public consultation on the draft determination including any conference if called

10 September 2020

ACCC final determination

2 October 2020

Authorisation comes into effect

Applicant(s)

  • Medical Technology Association of Australia Limited

Authorisation number(s)

  • AA1000479-1

Submissions - before draft decision

Document title Date