The ACCC has granted conditional interim authorisation to Medicines Australia, providing continued legal protection from competition laws for Medicines Australia and its members, the Generic and Biosimilar Medicines Association and its members, and other entities that have been or in the future will be notified by Medicines Australia to the ACCC (the MA/GBMA Working Group) to be able to, should it be necessary, implement a coordinated strategy in relation to the supply of essential medicines and related supplies in response to the current COVID-19 pandemic.
The ACCC previously authorised similar conduct in 2020 for a period of 12 months. Medicines Australia requested re-authorisation (including interim authorisation) because the existing authorisation is due to expire on 30 September 2021 and the ongoing challenges arising from the Delta variant of COVID-19 are likely to require MA/GBMA Working Group members to engage (on short notice) in the conduct. The proposed conduct in the application for re-authorisation is narrower in scope than the conduct authorised under the existing authorisation. Interim authorisation will allow the MA/GBMA Working Group to engage in this narrower form of the conduct while the ACCC is considering the substantive application for re-authorisation.
Interim authorisation is subject to a condition that Medicines Australia regularly report to the ACCC regarding any meeting, discussion, development or decision between MA/GBMA Working Group members in relation to the conduct.
A copy of the ACCC's Interim Authorisation Decision, including the reasons for granting interim authorisation and the condition of interim authorisation, is available on the ACCC public register at: Medicines Australia
The ACCC will shortly seek submissions from interested parties about the application for re-authorisation.