Description of Conduct

On 13 September 2021, the Australian Competition and Consumer Commission (the ACCC) received an application for re-authorisation from the Australia New Zealand Industrial Gas Association (ANZIGA) (revocation and substitution).

ANZIGA is the peak industry body representing companies that produce and distribute industrial gases, including bulk and compressed gas, to industrial, medical, food, scientific and hospitality users in Australia and New Zealand.

ANZIGA lodged the application on behalf of itself, its current and future members, their related bodies corporate and other suppliers of medical oxygen notified to the ACCC. ANZIGA sought re-authorisation for continued legal protection from competition law to exchange information and to make and give effect to contracts, arrangements and understandings to ensure security of supply of medical oxygen to hospitals and similar medical facilities in the event of significant demand increases or supply constraints during the COVID-19 pandemic (the Proposed Conduct).

ANZIGA sought re-authorisation for a period of 12 months from the date of the ACCC’s final determination.

On 29 September 2021 the ACCC granted interim authorisation with conditions, and on 17 November 2021 the ACCC issued a draft determination proposing to grant re-authorisation.

On 8 December 2021, the ACCC issued a final determination granting re-authorisation with conditions until 30 September 2022. If no application for review is lodged to the Australian Competition Tribunal, the ACCC’s determination will come into force on 30 December 2021.

Applicant(s)

  • Australia New Zealand Industrial Gas Association

Authorisation number(s)

  • AA1000576-1