https://www.accc.gov.au
The Federal Court has dismissed the ACCC's case against
Ramsay operates
The ACCC alleged that senior Ramsay executives told a group of surgeons planning to establish a competing private day surgery facility in Coffs Harbour that their access to operating theatre time at
Whilst the Court found that Ramsay had a substantial degree of market power in the supply of private in-patient surgery services to surgeons in Coffs Harbour, the Court did not find there was sufficient evidence Ramsay made the alleged threats to surgeons.
"The ACCC brought this case because it raised important issues regarding the alleged conduct of a private hospital operator with a substantial degree of market power seeking to deter new entry, and what constitutes permissible competitive conduct in these circumstances," ACCC Chair
"We will now carefully consider the judgment,"
Background
Ramsay is wholly owned by
This case was brought under the former misuse of market power provision. The statutory test including a 'take advantage' element that existed in the pre-Harper provision no longer applies.
The new section 46 applies to conduct from
.
(C) 2020 M2 COMMUNICATIONS, source