Fred IT Group Pty Ltd and Ors

On 9 May 2023, the ACCC received an application from Fred IT Group Pty Ltd seeking authorisation for itself and its related entities (including eRx Script Exchange Pty Ltd) (collectively, Fred IT Group) to coordinate with MediSecure Ltd and its related bodies corporate (MediSecure) to facilitate a smooth transition to a sole provider model for prescription delivery systems for publicly-funded electronic scripts. Following this transition, Fred IT Group will be the sole provider of Prescription Delivery Services for electronic prescriptions which are publicly-funded, pursuant to an agreement between Fred IT Group and the Commonwealth, represented by the Department of Health and Aged Care (the Department).

Fred IT Group sought interim authorisation as soon as possible to commence the transition process, pending the outcome of the ACCC’s final determination on the authorisation application.

On 21 June 2023, the ACCC granted interim authorisation to Fred IT Group to make, but not give effect to, one or more contracts, arrangements or understandings involving MediSecure to facilitate a smooth transition to a sole-provider model for prescription delivery systems for publicly-funded electronic scripts.

On 9 August 2023, Fred IT Group varied the Proposed Conduct for which it sought authorisation, following the Department deciding to settle some matters to do with the transition directly with MediSecure. Pursuant to that variation, Fred IT Group sought authorisation only in relation to data transition.

On 14 September 2023, the ACCC issued a draft determination proposing to grant authorisation, and also revoked the previous interim authorisation and granted a narrower interim authorisation to match the updated Proposed Conduct.

On 18 October 2023, the ACCC issued a final determination granting authorisation for 2 years, until 9 May 2025.

A copy of the ACCC’s final determination is available below.