National Pharmaceutical Services Association (NPSA)

On 27 March 2020, the National Pharmaceutical Services Association (the NPSA) lodged an application for authorisation on behalf of itself, its members and Community Service Obligation Distributors (the Participants) to enable them to coordinate activities for the purpose of promoting continued and equitable access to medicines and pharmacy products during supply shortages that may arise from the COVID-19 pandemic. The NPSA sought authorisation so the Participants can 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 and pharmacy products. The NPSA requested interim authorisation for this conduct on an urgent basis so the Participants could begin working together to address the ongoing pressure on supply chains.

On 31 March 2020, the ACCC granted interim authorisation.

On 24 July 2020, the ACCC issued a draft determination proposing to grant authorisation to the Participants, subject to conditions that allow the ACCC to monitor the proposed conduct.

The ACCC’s final determination is made on 17 September 2020. If no application for review of the determination is made to the Australian Competition Tribunal, the authorisation will come into effect on 9 October 2020. The determination is subject to conditions that allow the ACCC to monitor the proposed conduct for the duration of the authorisation period.

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

A timetable is set out below for your information