SVPAD Services Limited - s.87B undertaking

St Vincent's Private Hospital Sydney and its Department of Anaesthesia have provided the ACCC with court enforceable undertakings following an investigation into an alleged anti-competitive arrangement amongst the hospital's private anaesthetists.

To address the ACCC's concerns, the department and hospital have provided undertakings to the ACCC pursuant to section 87B of the Act that:

• the department of anaesthetists will no longer allocate amongst themselves the permanent anaesthetic work performed at the hospital
• The hospital will be responsible for allocating all permanent anaesthetic work, and will establish procedures under which hospital proceduralists can request the allocation of their preferred anaesthetist to their lists or sessions
• the private anaesthetists will undertake trade practices compliance training

Undertaking withdrawn

On 23 July 2019 the St Vincent’s Private Hospital Sydney sought the Commission’s consent to the withdrawal of the undertaking pursuant to the s.87B(2) of the Act. On 26 July 2019 SVPAD Services Ltd sought the Commission’s consent to the withdrawal of the undertaking pursuant to the s.87B(2) of the Act.

In accordance with s.87B(2) of the Act, and for the reasons set out in the attached document, the Commission gave consent to the withdrawal of the undertaking in its entirety with effect from 7 August 2019.