The Australian Federal Court dismisses the Competition Authority allegation against a healthcare company misusing its market power by engaging in anticompetitive conducts to prevent a group of surgeons from opening a rival day surgery (Ramsay)

What you need to know In a rare Federal Court proceeding involving alleged misuse of market power, the Federal Court held that the Australian Competition and Consumer Commission (ACCC) failed to establish that Ramsay Health Care (Ramsay) had in fact engaged in the anti-competitive conduct pleaded by the ACCC to prevent a group of surgeons from opening a rival day surgery in competition with Ramsay. Even if the alleged conduct had occurred, Ramsay did not take advantage of its substantial market power as a private hospital operator for an anti-competitive purpose, in contravention of the former misuse of market power prohibition (former section 46 of the Competition and Consumer Act 2010), as it had legitimate business reasons for engaging in the alleged conduct. The case against

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John McKellar, Peter Armitage, Ross Zaurrini, Alyssa Phillips, The Australian Federal Court dismisses the Competition Authority allegation against a healthcare company misusing its market power by engaging in anticompetitive conducts to prevent a group of surgeons from opening a rival day surgery (Ramsay), 12 March 2020, e-Competitions June 2020, Art. N° 95268

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