Competition and Consumer Act 2010

Court finds breast imaging provider engaged in misleading conduct

The Federal Court has found that breast imaging provider Breast Check Pty Ltd (now called PO Health Professionals Pty Ltd) engaged in misleading or deceptive conduct and made false representations about the devices used in its breast imaging services, in proceedings brought by the Australian Competition and Consumer Commission (ACCC).

Former director, Dr Alexandra Boyd was also found to have been knowingly concerned in Breast Check’s conduct.

ACCC 2014 compliance and enforcement policy promises action on drip pricing

The Australian Competition and Consumer Commission has released its 2014 Compliance and Enforcement Policy. The policy outlines the ACCC's priority areas for the year and sets out the factors to be taken into account when deciding whether to pursue matters. 

Launching the policy a Committee for Economic Development of Australia (CEDA) in Sydney, ACCC Chairman Rod Sims said a strategic review confirmed many previously identified priorities and added some new areas.

ACCC takes action against Pfizer Australia for alleged anti-competitive conduct

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Pfizer Australia Pty Ltd (Pfizer) for alleged misuse of market power and exclusive dealing in relation to its supply of atorvastatin to pharmacies in contravention of the Competition and Consumer Act 2010.

Atorvastatin is a pharmaceutical product used to lower cholesterol and Pfizer’s originator brand of atorvastatin, Lipitor, was for a number of years the highest selling prescription medicine under the Pharmaceutical Benefits Scheme.

8. ACCC infringement notice register

The ACCC’s approach is that it will not ordinarily indicate whether a business has been given an infringement notice.

In accordance with the principle of transparency outlined in the ACCC’s Compliance and Enforcement Policy, every enforcement matter that is dealt with through litigation or formal resolution is made public.

In accordance with this principle, the ACCC maintains a register on its website listing paid infringement notices. Entries on the register ordinarily contain the following details: