Cabrini Health Limited - Notification - N95607

Applicant(s)

  • Cabrini Health Limited

Notification number(s)

  • N95607

Summary

On 19 October 2011, Cabrini Health lodged a notification for exclusive dealing conduct. Cabrini proposed to require that any pathology services and medical imaging services for in-patients and out-patients of Cabrini Hospitals in Victoria (Malvern and Brighton) be supplied by Cabrini Pathology and Cabrini Medical Imaging, business units of Cabrini Health, and not third party pathology or medical imaging providers.

These requirements would pertain, unless the patient's medical practitioner forms the opinion that it is in the best interests of the patient for them to be referred to a third party provider because:
- the specific pathology service/medical imaging service is unavailable at Cabrini Pathology or Cabrini Medical Imaging
- a lower price is charged by a third party provider
- there is a need to maintain the continuity of the patient's non-Cabrini hospital pathology testing/medical imaging history because of the patient's particular condition, and
- a third party provider is able to provide a faster turnaround time for the service than Cabrini Pathology or Cabrini Medical Imaging.

The ACCC invited submissions from interested parties and received a large number of submissions opposing the arrangements. On both 23 November and 23 December 2011 the ACCC wrote to Cabrini requesting further information.

By letter dated 6 January 2012, Cabrini advised the ACCC that it withdrew the notification. Accordingly, the ACCC discontinued its assessment of the notification and has closed the matter. Statutory protection conferred by the notification ceased to be in force on 6 January 2012.

The notification, submissions and ACCC correspondence can be found under the links below.

Notifications

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Submissions

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