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Safeguarding Collaboration in Health Advocacy: Competition and Consumer Law Insights

Explore the intersection between NGOs and commerce in the health sector, focusing on competition and consumer laws. Learn about illegal agreements, promoting competition, and safe collaboration practices. Contact us for guidance and more information.

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Safeguarding Collaboration in Health Advocacy: Competition and Consumer Law Insights

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  1. Collaboration between NGOs and the Commerce Act Health and Disability NGO Sector-MoH Forum 18 April 2013 Lesley Cornish, Health Advocacy Project Manager Nicky Beechey, Chief Advisor, Advocacy & Development

  2. Health advocacy project • raising awareness of competition and consumer law in health sector • educative role • fact sheets, presentations, articles

  3. What are we going to cover? • Who are we? • What is illegal? • How to collaborate safely?

  4. Why promote competition?

  5. What kind of agreements are illegal? Substantially Lessen Competition ...in a market in New Zealand

  6. Agreements that SLC • agreement • between any parties • often restrictive in nature

  7. How do you work that out? • What market are you in? • Who are your competitors? • How hard/easy is it for new players to enter the market?

  8. Agreements that fix prices • may directly fix prices • or influence prices: • bid rigging • market sharing • output restrictions

  9. Collaboration – what is safe?

  10. What is your purpose? • extend services? • greater ability to compete? • enter new markets? • compete strongly and increase choice?

  11. Is it anti-competitive? • limit competition? • reduce number of bidders? • reduce choice? • raise prices? • reduce output to harm competition?

  12. Too cautious or too brave?

  13. Mergers • voluntary regime • can apply for clearance • what is the market? • will merger SLC?

  14. Authorisations Where a merger or agreement may result in a Lessening of Competition …but has net benefits

  15. Proposed amendments • collaborative activity exempt from price fixing rule • “reasonably necessary for the purpose of the collaborative activity” • clearance regime – must be satisfied that provision was reasonably necessary and no SLC

  16. Final health check • What is the purpose of your collaboration? • Who are your competitors? • Collaborate with competitors no more than necessary. • Make sure your behaviour reflects your agreement. • If in doubt, seek legal advice.

  17. Contact us CALL the Contact centre on 0800 943 600 WRITE Contact Centre, PO Box 2351, Wellington 6140 EMAIL contact@comcom.govt.nz lesley.cornish@comcom.govt.nz nicky.beechey@comcom.govt.nz VISIT www.comcom.govt.nz SUBSCRIBE www.comcom.govt.nz/subscribe

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