The Trade Practices Act 1974 (Cth) (the TPA), prohibits the making of, or the giving effect to, contracts, agreements or understandings between competitors which purport to prevent the supply of goods or services to persons. These arrangements are known as exclusionary provisions or primary boycotts.
This article discusses the role of the Australian Competition and Consumer Commission (ACCC) in enforcing the prohibition of the making of exclusionary provisions and the application of the relevant legal principles. An understanding of these principles is important to all those involved in allied health professions.
The article further discusses two recent examples where medical practitioners were found to have breached the exclusionary provisions of the TPA by entering into arrangements to boycott bulk billing and restrict the provision of after-hours medical services to patients
