Medical Technology Association of Australia Limited

Summary

On 14 April 2020, the Medical Technology Association of Australia Limited (MTAA) lodged an application for authorisation on behalf of itself, its members, and businesses that supply or distribute relevant medical equipment who are not members of the MTAA (the Applicants), to implement a coordinated strategy in relation to the supply of medical equipment and supplies in response to the COVID-19 pandemic. The MTAA seeks authorisation so that the Applicants 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 initially ICU ventilators, COVID-19 testing kits and Personal Protective Equipment) required to respond to the COVID-19 pandemic.  The 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 (see section 8 of the application, linked below). The MTAA requested interim authorisation for this conduct on an urgent basis so that the parties can start working together to address supply shortages.

The MTAA’s application is an amended version of an application submitted by the MTAA on 24 March 2020, in relation to which the ACCC granted interim authorisation on 25 March 2020.

On 17 April 2020, the ACCC granted conditional interim authorisation for the proposed conduct set out in the MTAA’s 14 April application. At the same time, the ACCC revoked the interim authorisation granted on 25 March 2020.      

Interim authorisation was granted subject to conditions, including that the MTAA provide regular updates to the ACCC regarding material developments and decisions in relation to the conduct, and notify the ACCC if the Applicants intend to engage in certain elements of the conduct.

The ACCC invites submissions in relation to the application for authorisation by 8 May 2020. For further information about the application, and how to provide a submission to the ACCC, please refer to the links below.

An indicative timetable is set out below for your information

Indicative date

Stage in assessment process

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

June/July 2020

ACCC draft determination

July/August 2020

Public consultation on the draft determination including any conference if called

September 2020

Final determination

 

Applicant(s)

  • Medical Technology Association of Australia Limited

Authorisation number(s)

  • AA1000479-1

Submissions - before draft decision

Document title Date