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

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3. raising awareness of competition and consumer law in health sector educative role fact sheets, presentations, articles Health advocacy project 3

4. Who are we? What is illegal? How to collaborate safely? What are we going to cover? 4

5. Why promote competition? 5

6. S ubstantially L essen C ompetition...in a market in New Zealand What kind of agreements are illegal? 6

7. agreement between any parties often restrictive in nature Agreements that SLC 7

8. What market are you in? Who are your competitors? How hard/easy is it for new players to enter the market? How do you work that out? 8

9. may directly fix prices or influence prices: o bid rigging o market sharing o output restrictions Agreements that fix prices 9

10. Collaboration – what is safe? 10

11. extend services? greater ability to compete? enter new markets? compete strongly and increase choice? What is your purpose? 11

12. limit competition? reduce number of bidders? reduce choice? raise prices? reduce output to harm competition? Is it anti-competitive? 12

13. Too cautious or too brave? 13 legitimate collaboration opportunity missed competition chilled create value innovative/nimble efficiencies purpose and outcome pro- competitive well-advised don’t understand risks before entering agreements don’t take advice risk investigation and prosecution risk reputational damage, penalties, lost time and inconvenience Don’t understand the lawPro-competitive zoneDon’t understand the law Too cautious Pro-competitive zone Too brave

14. voluntary regime can apply for clearance what is the market? will merger SLC? Mergers 14

15. Where a merger or agreement may result in a L essening of C ompetition …but has net benefits Authorisations 15

16. 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 Proposed amendments 16

17. 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. Final health check 17

18. CALLthe Contact centre on 0800 943 600 WRITE Contact Centre, PO Box 2351, Wellington 6140 EMAILcontact@comcom.govt.nzcontact@comcom.govt.nz lesley.cornish@comcom.govt.nz nicky.beechey@comcom.govt.nz VISITwww.comcom.govt.nzwww.comcom.govt.nz SUBSCRIBE www.comcom.govt.nz/subscribewww.comcom.govt.nz/subscribe Contact us 18