Australian Competition and Consumer Commission v Little Company of Mary Health Care Limited [2015] FCA 1144

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Little Company of Mary Health Care Limited [2015] FCA 1144 Citation: Australian Competition and Consumer Commission v Little Company of Mary Health Care Limited [2015] FCA 1144

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v LITTLE COMPANY OF MARY HEALTH CARE LIMITED (ACN 079 815 697) and CALVARY HEALTH CARE RIVERINA LIMITED (ACN 105 810 688)

File number: NSD 1295 of 2015

Judge: ROBERTSON J

Date of judgment: 26 October 2015

Catchwords: TRADE PRACTICES – exclusive dealing – respondents acquiring and offering to acquire services from medical practitioners who had been granted, and held, access and clinical privileges to perform procedures at day surgery facilities operated by the respondents on condition that a provision in the Private Hospital By-Laws applying to the Calvary Riverina Day Surgery Facilities gave the respondents the qualified ability to refuse to grant accreditation to a medical practitioner, or to revoke the accreditation of an accredited medical practitioner, who owned or controlled an entity that was in competition with the services offered by the respondents – conduct having the likely effect of substantially lessening competition in the market in which day surgery services in Wagga Wagga, New South Wales were supplied – respondents admitted their conduct resulted in a contravention by each of them of the Competition and Consumer Act 2010 (Cth) s 47 PRACTICE AND PROCEDURE – exercise of Court's discretion to make a declaration where the parties file a statement of agreed facts, joint submissions and proposed consent orders – applicant not seeking a pecuniary penalty