Dr Paul Pong Tiah Khoo and Paul P.T.Khoo Pty Ltd - s.87B undertaking

The matter concerned allegations that three Rockhampton obstetricians had entered into arrangements that none of them would provide private in-hospital obstetrics services on a "No-Gap" billing basis to their privately insured patients.

The Commission alleged that this conduct amounted to a primary boycott in contravention of section 45/4D of the Act.

Dr Paul Pong Tiah Khoo and Paul P.T. Khoo Pty Ltd have given undertakings to the Commission to:

• reimburse to patients of Dr Khoo who were affected by the alleged conduct a proportion of the gap payments made by those patients to Dr Khoo in relation to the provision of privatge in-hospital obstetrics services provided during the period 1 January 2001 to 31 July 2001; and
• send a letter to patients of Dr Khoo explaining the outcome and that the ACCC is working to secure the remainder of the payment that patients were required to make.