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On 25 October the ACCC accepted a section 87B undertaking from Healthscope Limited (Healthscope) that replaced Healthscope's initial undertaking given to the ACCC on 15 August 2007.
The replacement undertaking was given to the ACCC because Healthscope revised its proposal to acquire Symbion Health Limited’s (Symbion’s) pathology, diagnostic imaging and medical centres businesses (revised proposal).
The implementation of the revised proposal essentially replicates the outcome of Healthscope's original proposal to acquire Symbion's pathology, medical centre and imaging businesses through an alternative structure.
On 25 October the ACCC accepted a section 87B undertaking from Symbion Health Limited (Symbion) in relation to Healthscope Limited's (Healthscope's) revised proposal to acquire Symbion's pathology, diagnostic imaging and medical centres businesses (revised proposal).
The undertaking ensures that Healthscope’s ability to comply with its section 87B undertaking given to the ACCC on 25 October 2007 (the Healthscope undertaking) is not affected by the new transaction structure.
The primary purpose of Symbion's undertaking is to ensure that Symbion, during any period in which it may control or otherwise be in a position to influence the affairs of Healthscope, will not in any way hinder or prevent Healthscope’s compliance with the Healthscope undertaking.