Case:

Alleged boycott by specialists who provide private in-hospital obstetrics services in Rockhampton agreed to boycott ¡¥no-gap¡¦ billing arrangements offered by a number of private health insurance funds.

Keywords:

Trade practices, boycott, anti-competitive agreement

Reference:

Undertaking dates 9th and 30th October 2002

Industry:

Obstetrics

Relevant laws:

Sections 45(2)(a)(i), 45(2)(b)(i) and 80(1)(e) of the Trade Practices Act 1974

Summary:

The matter concerned allegations that three Rockhampton obstetricians had entered into arrangements that none of them would provide private in-hospital obstetrics services on a "No-Gap" billing basis to their privately insured patients. The Commission alleged that this conduct amounted to a primary boycott in contravention of section 45/4D of the Act.

Dr Mark Andrew Phillip Leyden Dr Paul Pong Tiah Khoo and Paul P.T. Khoo Pty Ltd have given undertakings to the ACCC to:

• reimburse to patients of Dr Khoo who were affected by the alleged conduct a proportion of the gap payments made by those patients to Dr Khoo in relation to the provision of private in-hospital obstetrics services provided during the period 1 January 2001 to 31 July 2001; and
• reimburse to patients of Dr Robson who were affected by the alleged conduct a proportion of the gap payments made by those patients to Dr Robson in relation to the provision of private in-hospital obstetrics services provided during the period 1 January 2001 to 31 July 2001; and
• send a letter to patients of Dr Khoo explaining the outcome and that the ACCC is working to secure the remainder of the payment that patients were required to make.

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