The respondents were acquiring and offering to acquire services from medical practitioners who had been granted, and held, access and clinical privileges to perform procedures at day surgery facilities operated by the respondents on condition that a provision in the Private Hospital By-Laws applying to the Calvary Riverina Day Surgery Facilities gave the respondents the qualified ability to refuse to grant accreditation to a medical practitioner, or to revoke the accreditation of an accredited medical practitioner, who owned or controlled an entity that was in competition with the services offered by the respondents – conduct having the likely effect of substantially lessening competition in the market in which day surgery services in Wagga Wagga, New South Wales were supplied. The respondents admitted their conduct resulted in a contravention by each of them of the Competition and Consumer Act 2010.
The judgment is available here.