February 5, 2025 – The New Zealand Commerce Commission (ComCom) has issued a compliance advice letter to the Royal Australian and New Zealand College of Ophthalmologists (RANZCO) after an investigation into its efforts to restrict optometrists from performing certain laser eye surgeries.
The inquiry focused on a 2022 RANZCO letter advising its members against training optometrists in two legally permitted procedures—YAG laser capsulotomies and YAG laser peripheral iridotomies—despite a 2022 expansion in optometrists’ scope of practice. The Commission raised concerns that the letter may have discouraged competition, negatively impacting patient access to treatment and increasing costs for Te Whatu Ora (New Zealand’s public health agency) and private insurers.
Anti-Competitive Risks
Vanessa Horne, General Manager of Competition, Fair Trading, and Credit, emphasized that while ComCom did not reach a final ruling on whether the conduct breached the Commerce Act, RANZCO’s stance was potentially problematic.
“Trade associations and professional bodies must be aware that anti-competitive recommendations can be deemed an arrangement between the organization and its members,” said Horne. “This can create liability under the Commerce Act unless members actively disassociate from such recommendations.”
RANZCO Clarifies Its Position
Following the Commission’s concerns, RANZCO issued a second letter clarifying that it did not intend to discourage ophthalmologists from participating in optometrist training programs or imply that members could face disciplinary action.
ComCom welcomed the clarification, closing its investigation while reaffirming the importance of compliance with competition laws. “Trade bodies must ensure they understand the Commerce Act to avoid inadvertently restricting competition,” Horne added.
