St Vincent's Health Australia Limited - Revocation and Substitution - A91400

Summary

On 9 December 2013, St Vincent's sought re-authorisation on behalf of a network of Catholic hospitals and aged care facilities to allow:
- A network of Catholic hospital operators and their related bodies corporate, to collectively negotiate hospital and healthcare related funding arrangements with health and aged care funders, the Repatriation Commission and other government entities and third part/compensable organisations - this will include data sharing among the collective bargaining group
- A network of healthcare facility operators and their related bodies corporate (the Joint Purchasing Network - JPN) to:
- collectively negotiate with suppliers of goods or services and
- potentially agreeing that negotiations of acquisitions from those suppliers occur only through some or all of the members of the JPN (the collective boycott arrangement)
- Members of the Catholic Negotiating Alliance (CNA) to exchange data, including revenue, activity, costs and efficiency data for the purpose of benchmarking across all members of the CNA.
St Vincent's sought re-authorisation for 10 years.

St Vincent's also sought interim authorisation of the existing arrangements from 21 February 2013.

On 19 February 2014, the ACCC decided to grant interim authorisation to Catholic health facilities as identified in authorisation A91099 to:
- collectively bargain with health funds and the Repatriation Commission (Funding Organisations)
- collectively bargain with suppliers of various goods and services and
- share particular information for the purpose of benchmarking, while the ACCC considered the current application for re-authorisation.

Interim authorisation commenced immediately and remains in place until it is revoked or the date the ACCC's final determination comes into effect.

On 10 April 2014, the ACCC issued a draft determination proposing to grant authorisation to a network of Catholic hospitals and aged care facilities to collectively bargain with Funding Organisations and suppliers of various goods and services, and to share information.

The ACCC proposed to grant authorisation for 10 years.

The ACCC did not propose to grant authorisation for the Joint Purchasing Network to collectively boycott suppliers.
St Vincent's subsequently amended the proposed conduct to clarify it and to place limitations around collective bargaining with suppliers of goods and services. The amended conduct can be found attached to the ACCC's further consultation letter under the ACCC correspondence tab.

On 14 August 2014, the ACCC granted authorisation to enable the network of Catholic hospitals to collectively bargain with Funding Organisations.

The ACCC also authorised the network of Catholic healthcare facilities (hospitals, aged and community care facilities) to collectively bargain with suppliers, and engage in limited collective boycott conduct with certain suppliers.

Catholic healthcare facilities are also authorised to share certain information.

Authorisation is granted until 5 September 2024.

On 20 August 2014, the ACCC replaced the Determination with a corrected version which includes paragraph 185(b)(i) that was inadvertently omitted.

Applicant(s)

  • St Vincent's Health Australia Limited

Authorisation number(s)

  • A91400

Applications

Document title Date

Decisions