Healthscope Limited - s.87B undertaking

On 15 August 2007, the ACCC decided not to intervene in Healthscope Limited’s (Healthscope’s) proposed acquisition of Symbion Health Limited (Symbion) after accepting an undertaking from Healthscope to divest a number of pathology businesses in the north-eastern and Gippsland regions of Victoria.

The ACCC decided that the proposed acquisition, after taking account of the undertaking, is unlikely to substantially lessen competition in the market for the provision of community pathology services in Victoria, for the purposes of section 50 of the Trade Practices Act 1974.

Healthscope undertook to:

• divest the Gippsland pathology business, Benalla pathology business and Albury pathology business operated by Symbion and the Wangaratta pathology business operated by Healthscope (together the  divestiture business) to a purchaser approved by the ACCC within a specified timeframe;
• appoint a divestiture agent to sell the divestiture business if Healthscope is unable to sell the divestiture business within the specified timeframe;
• ensure that the management of Healthscope is kept separate from the management of the divestiture business until the divestiture business is divested; and
• appoint an independent manager to manage the divestiture business as a separate, fully operational and competitive going concern until it is divested.