On 15 February 2023, the National Pharmaceutical Services Association (the NPSA) lodged an application for re-authorisation on behalf of itself, its members and Community Service Obligation Distributors (the Participants) to enable them to have discussions, enter into or give effect to arrangements, or engage in conduct for the purpose of facilitating the supply of, and access to, medicines. In addition, the NPSA sought re-authorisation for collective bargaining by the NPSA on behalf of its members in relation to possible vaccine distribution arrangements with the Government.
On 28 February 2023, the prior authorisation expired. Given the short time available to it and the breadth and complexity of the conduct, the ACCC had not made a decision to grant interim authorisation in relation to the application for re-authorisation by that time. As a result the application lapsed. Consequently, the ACCC is unable to further consider the application. More detail can be found in the letter to the Applicants below.
