Description of Conduct
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