Federal Court of Australia
Australian Competition Tribunal
Applications for review of Honeysuckle Health Buying Group authorisation determination (No 2) [2022] ACompT 4 Review from: Applications by National Association of Practising Psychiatrists and Rehabilitation Medicine Society of Australia and New Zealand Ltd for review of Authorisation Determination AA1000542 made on 21 September 2021 in favour of Honeysuckle Health Pty Ltd and nib health funds limited in respect of the Honeysuckle Health Buying Group
File numbers: ACT 4 of 2021 ACT 5 of 2021
Determination of: O'BRYAN J (Deputy President) DR D ABRAHAM (Member) PROF K DAVIS (Member)
Date of Determination: 29 July 2022
Date of reasons: 16 August 2022
Catchwords: COMPETITION – applications for review of authorisation determination made by the Australian Competition and Consumer Commission under s 101 of the Competition and Consumer Act 2010 (Cth) – application for leave to withdraw the applications for review – where the applicants for review and the intervener had entered into a Deed of Settlement and Release with the applicants for authorisation – where Deed contains terms that may lessen competition and reduce the public benefits from the authorised conduct – where operation of Deed conditional on the Tribunal granting leave to withdraw the applications for review – ACCC appointed as contradictor to the application for leave – applicable principles – subsequent amendments to the Deed – application for leave to withdraw granted
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