Description of Conduct

On 23 March 2023, The Hospitals Contribution Fund of Australia Limited (HCF), a private health insurer, applied to the ACCC seeking revocation and substitution of its current authorisation (AA1000402) which expired on 1 June 2023 (re-authorisation). Specifically, HCF is seeking re-authorisation to enter into and give effect to contracts, arrangements or understandings for particular services with dental clinics who participate in its More For Teeth program, and who are located in the same local catchment areas as HCF’s own dental clinics in its Dental Centre Network. The agreements seek to set maximum fees for some services.

Re-authorisation is sought for a period of 10 years.

HCF also sought interim authorisation to continue to engage in the conduct prior to the ACCC’s final determination in relation to the substantive application for authorisation.

On 26 May 2023, the ACCC granted interim authorisation to HCF and current and future dentists who are members of HCF’s More For Teeth program, to enter into and give effect to contracts between them which contain provisions specifying the maximum prices for preventative and diagnostic dental services to be provided by dentists to HCF members as part of the More For Teeth program. Interim authorisation was granted for the same conduct that was previously authorised in 2018.

On 9 August 2023, HCF provided further information to the ACCC to supplement its application.

The ACCC invites the views of interested parties on the further information provided by HCF. Submissions are requested by 25 August 2023. If you wish to make a submission in relation to this matter, please lodge it via this web form.

An indicative timeline for the ACCC’s assessment is set out below.

Indicative date

Stage in assessment process

23 March 2023

Lodgement of application and supporting submission.

4–21 April 2023

Public consultation process on application and request for interim authorisation.

26 May 2023

ACCC decision regarding interim authorisation.

11–25 August 2023

Public consultation on further information provided.

September 2023

Draft determination.

September/October 2023

Public consultation on draft determination including any conference if called.

October 2023

Final determination.

Applicant(s)

  • The Hospitals Contribution Fund of Australia Ltd

Authorisation number(s)

  • AA1000639-1