Integral Diagnostics Limited

On 10 December 2024, the ACCC announced that it had accepted a court-enforceable undertaking given by Integral Diagnostics Limited on behalf of itself and its subsidiaries (referred to as IDX) pursuant to s87B of the Competition and Consumer Act 2010 (Cth) (the Undertaking) in connection with IDX’s proposed acquisition of all of the shares in Capitol Health Limited (CAJ) (the Proposed Acquisition).

The ACCC was concerned that, absent the Undertaking, the Proposed Acquisition would have the effect, or be likely to have the effect, of substantially lessening competition in the market for the provision of general diagnostics imaging services (GDI Services) in the region within a 10km radius of Melton, Victoria (Melton region).

The undertaking requires IDX to divest the CAJ clinic in Melton (the Divestiture Business) to a purchaser approved by the ACCC.

Objective of the Undertaking

The objective of the Undertaking is to address the ACCC’s competition concerns that would otherwise arise as a result of the Proposed Acquisition. The Undertaking aims to achieve this by placing obligations on IDX:

• to ensure that the Divestiture Business is sold to an Approved Purchaser that will result in the creation or strengthening of a viable, effective, stand-alone, independent and long term competitor for the supply of GDI Services in the Melton region
• to ensure the purchaser of the Divestiture Business has all the necessary associated assets and rights to compete effectively with IDX for the supply of GDI Services in the Melton region
• to maintain the economic viability, marketability, competitiveness and goodwill of the Divestiture Business prior to divestiture
• to provide for the effective oversight of IDX’s compliance with the Undertaking.