Emma Zipper General Counsel & Company Secretary Bupa Australia Group 600 Glenferric Road HAWTHORN VIC 3122

Dear Emma

Consent to notification of third Une forcing — Bupa Australia Pty Ltd & Dr Tania Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 391) as trustee for The Lucas Dental Service Trust

We acknowledge that an arrangement between Bupa Australia Pty Ltd ABN 81000 057 590 C'Bupa") and Dr Tania Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 391) as tnistec for The Lucas Dental Service Trust ("The Providers") may be considered a contravention of section 47 of the Competition and Consumer Act 2 010 (Cth).

In particular, the arrangement involves Dr Tania Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 391) as trustee for The Lucas Dental Service Trust offering discounts to Bupa health insurance members.

As a result, we consent to Bupa lodging with the ACCC, on our behalf

(1) a ForTn G notification; and

(2) a submission made by Bupa on behalf of the Providers supporting the Form G notification — highlighting the pubUc benefit associated with the proposal and the absence of any misuse of market power, in the form attached.

We also agree to Bupa providing a copy of this letter to the ACCC as evidence of the Providers' consent to Bupa lodging the Form G notification on the Providers' behalf.

Yours sincerely,

Dr Tania Lucas\ Lucas Dentilqijoup Pty Ltd (ACN 097 285 580) Lucas Dental Services Pty Ltd (ACN 007 892 391) as trustee for The Lucas Dental Service Trust

Dated:

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17 June 2015

General Manager

Adjudication Branch

Australian Competition and Consumer Commission

GPO Box 3131

CANBERRA ACT 2601

Dear Sir or Madam

Notification of third line forcing — Bupa Australia Pty Limited & Dr Tania Lucas and

Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd

(ACN 007 892 391) as trustee for The Lucas Dental Service Trust

Bupa Australia Pty Ltd ABN 81 000 057 590 ("Bupa") has negotiated an arrangement with

Dr Tania Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) ("The Providers").

Under this arrangement, the Providers offer a discount on certain purchases of goods or

services for Bupa private health insurance members.

It is arguable that this may involve a contravention of section 47 of the Competition and

Consiimet- Act 2010 (Ctli). As a result, we enclose for your consideration:

(1) a Form G notification on behalf of the Providers;

(2) a submission made by Bupa on behalf of the Providers supporting the Fortn G

notification — highlighting the public benefit associated with the proposal and the

absence of any misuse of market power;

(3) a cheque for $300 as payment for lodging fees; and

(4) a written consent from the Providers consenting to Bupa lodging the Fon-n G

notification on the Providers behalf.

We would appreciate it if you would copy us in on any response you provide to the Providers.

If you have any questions in relation to this notification, please feel free to contact 4ffe.0'

0' ) '7 -7 0, L I V^

Yours sincerely,

^C- C-1

Emma Zipper

General Counsel & Company Secretary

Bupa Australia Group

Enc

Form G Commonwealth of Australia

Competition and Consumer Act 2010 — slibsection 93 (1) NOTIFICATION OF EXCLUSIVE DEALING

To the Australian Competition and Consumer Commission:

Notice is hereby given, in accordance with subsection 93 (1) of the Competition and Constimer Act 2010, of particulars of conduct or of proposed conduct of a kind referred to subsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) of that Act in which the person giving notice engages or proposes to engage.

1. Applicant

(a) Name of person giving notice:

Dr Tania Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 391) as trustee for The Lucas Dental Service Trust ("The Providers").

(b) Short description of business carried on by that person:

Dr Tania Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 391) as trustee for The Lucas Dental Service Trust ("The Providers") provide dental services

(c) Address in Australia for service of documents on that person:

Dr Tania Lucas, Lucas Dental, 577 Marion Road, South Plympton SA 5038

2.Notified arrangement

(a) Description of the goods or services in relation to the supply or acquisition of which this notice relates:

Dental services.

(b) Description of the conduct or proposed conduct:

The Providers propose to offer pni vate health insurance members of Bupa Australia Pty Ltd ABN 81 000 057 590, discounts on its regular pnce from time to time. Please refer to the attached submission for ftirther details.

3.Persons, or classes of persons, affected or likely to be affected by the notiried conduct

(a)Class or classes of persons to which the conduct relates:

Consumers who are private health insurance members of Bupa.

(b)Number of those persons:

(i) At present time:

Approximately up to 1.6 million memberships

(ii) Estimated within the next year:

Approximately up to 5000 memberships

(c)Where number of persons stated in item 3 (b) (i) is less than 50, their names and addresses:

Not applicable as the number of persons stated in item 3(b)(i) is greater than 50.

4.Public benefit claims

(a) Arguments in support of notification:

Please refer to the attached submission for arguments in support of notification.

(b) Facts and evidence relied upon in support of these claims:

Please refer to the attached submission for arguments in support of notification.

5.Market definition

The relevant markets are the markets for the provision of dental services and the market for the provision of private health insurance. Competition in each of these markets is competitive and there are other suppliers in both of these markets that compete for business on an equal footing.

6.Public detriments

(a) Detriments to the public resulting or likely to result from the

notification, in particular the likely effect of the notified conduct on the

prices of the goods or services described at 2 (a) above and the prices of

goods or services in other affected markets:

Please refer to the attached submission

(b) Facts and evidence relevant to these detriments:

Please refer to the attached submission

7.Further information

(a) Name, postal address and contact telephone details of the person

authorised to provide additional information in relation to this

notification:

Dr Tania Lucas

Lucas Dental

577 Marion Road

South Plympton SA 5038

'36--)- ^' , -;^- - Dated ............. ... ..................................................

Signed on behalf of the applicant

............................................................

(Signature)

Emma Zipper

General Counsel & Company Secretary

Bupa Australia Group

IN SUPPORT OF NOTIFICATION UNDER SECTION 93 OF THE COMPETITION AND CONSUMER ACT 2010

This submission is made by Bupa Australia Pty Ltd ABN 81 000 057 590 trading as Bupa ("Bupa") on behalf of the Providers and supports the For-m G notification attached.

1.Overview of proposed conduct

1.1Bupa provides private health insurance to its members.

1.2Dr Tania Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 391) as trustee for The Lucas Dental Service Trust ("The Providers") are (collectively) a dental practitioner and related dental service companies.

1.3Bupa has negotiated an arrangement with the Providers. Under this arrangement, the Providers offer certain discounts to Bupa private health insurance members.

1.4This conduct by the Providers is arguably a contravention of sections 47(6) and (7) of the Conipetition and Consiitnet- Act 2010 (Ctli) if the Providers are considered to be:

(a) giving or allowing or offering to give or allow, a discount, allowance, rebate or credit in relation to the supply of goods or services to consumers on the condition that those consumers are Bupa private health insurance members; or

(b) refusing to give or allow a discount, allowance, rebate or credit in relation to the supply of goods or services to consumers for the reason that those consumers have not acquired private health insurance from Bupa.

2.Details of offer

The table below sets out the details of the offer.

Business[Product Description of offer Provision of dental From time to time, the Providers may make the following services offers available to Bupa health insurance members:

1.No Gap introductory offer

This offer is available for comprehensive dental assessments and oral hygiene appointments. This offer is only available on the following item numbers: 011 (Comprehensive Assessment), 022 (Check up and x-rays (x2)), 037 (Full Mouth Panoramic X-ray), 072 (Digital Imaging), Treatment Planning, 114 (Professional Clean and Polish), 221 (Periodontal Charting), 121 (Fluoride Application), 141 (Oral Hygiene Instruction).

Terms of the offer:

•Available to any Bupa health insurance member witli appropriate level of extras cover

•Patient must mention the discount voucher when booking the appointment.

•Patient must present a valid discount voucher.

Offer valid for new & existing patients to the practice. Discount can't be used in conjunction with any other offer. Patient is responsible for any outstanding payments at the time of appointment.

2. No Gap First Visit

This offer provides a no gap experience on the first visit by new patient for the following: Consultation, Two bite-wing x-rays, OPG (if necessary), scale and clean, cancer check and treatment plan as required.

Ten-ns of the offer:

• Available to any Bupa health insurance member with appropriate level of extras cover who is visiting the practice for the first time

• Patient must mention the discount voucher when booking the appointment. Patient must present a valid discount voucher. Offer valid for new patients to the practice. Discount can't be used in conj'unction with any other offer. Patient is responsible for any outstanding payments at the time of appointment.

3. 10% Discount

This offer provides a 10% discount on a patient's first visit.

Tenns of the offer:

• Available to any Bupa health insurance member with appropriate level of extras cover who is visiting the practice for the first time

• Patient must mention the discount voucher when booking the appointment.

• Patient must present a valid discount voucher. • Offer valid only for new patients. • Discount applies to the initial appointment only which

includes a consultation, clean and polish, fluoride treatment and (if required two x-rays).

• Discount can't be used in conjunction with any other o ffe r.

• Patient is responsible for any outstanding payments at the time of appointment.

4. $50 discount

This offer provides a $50 discount for new and existing patients.

Terms of the offer:

• Available to any Bupa health insurance member with appropriate level of extras cover

• Patient must mention the discount voucher when booking the appointment.

• Patient must present a valid discount voucher. • Offer valid for both new & existing patients to the

practice. • Discount can't be used in conjunction with any

other offer. • Patient is responsible for any outstanding payments

at the time of appointment.

The Providers may also make other offers available from time to time.

3. Products and services

We consider the relevant products and services to wlilch this notification relates are:

• Dental services; and • Private health insurance.

4. Public Benefit

The proposed conduct of the Providers offer significant benefits to the public because:

the discount makes the services more affordable and better value for consumers; and

the conduct motivates competitors to offer similar benefits and discounts and therefore increases competition in these services.

5. Competitive effects

5.1.1 The proposed conduct will have no detrimental effects on competition. Competition for these types of services exists as similar businesses offer similar types of ser-vices.

5.2The offer in no way limits the choice of consumers because:

the Providers will continue to offer their services to consumers at the regular prices, regardless of whether or not the consumers are Bupa private health insurance members; and

0consumers are free to purchase from other competing suppliers.

6.Conclusion

For the reasons set out above, we believe the Commission should not serve a notice under section 93 of the CCA in respect of the attached notifications. This is because the conduct will cause no detriment and will generate tangible public benefits.

17 June 2015

General Manager

Adjudication Branch

Australian Competition and Consumer Commission

GPO Box 3131

CANBERRA ACT 2601

Dear Sir or Madam

Notification of third line forcing – Bupa Australia Pty Limited & Dr Michael Lucas and

Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd

(ACN 007 892 391) as trustee for The Lucas Dental Service Trust

Bupa Australia Pty Ltd ABN 81 000 057 590 ("Bupa") has negotiated an arrangement with

Dr Michael Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental

Services Pty Ltd (ACN 007 892 391) as trustee for The Lucas Dental Service Trust ("The

Providers").

Under this arrangement, the Providers offer a discount on certain purchases of goods or

services for Bupa private health insurance members.

It is arguable that this may involve a contravention of section 47 of the Conipetition anti

Consitniet- Act 201 0 (Cth). As a result, we enclose for your consideration:

(1) a Form G notification on behalf of the Providers;

(2) a submission made by Bupa on behalf of the Providers supporting the Fon-n G

notification — highlighting the public benefit associated with the proposal and the

absence of any misuse of market power;

(3) a cheque for $300 as payment for lodging fees; and

(4) a written consent from the Providers consenting to Bupa lodging the Fon-n G

'on on the Providers behalf. noti icati

We would appreciate it if you would copy us in on any response you provide to the Providers.

If you have any questions in relation to this notification, please feel free to contact ifte. DI^CAV\v—

Yours sincerely,

A) , J(^ ^-

Emma Zipper

General Counsel & Company Secretary

Bupa Australia Group

Enc

Form G Commonwealth of Australia

Competition and Consumer Act 2010 — subsection 93 (1) NOTIFICATION OF EXCLUSIVE DEALING

To the Australian Competition and Consumer Commission:

Notice is hereby given, in accordance with subsection 93 (1) of the Competition and Consumer Act 2010, of particulars of conduct or of proposed conduct of a kind referred to subsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) of that Act in which the person giving notice engages or proposes to engage.

1. Applicant

(a) Name of person giving notice:

Dr Michael Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 39 1) as trustee for The Lucas Dental Service Trust ("The Providers").

(b) Short description of business carried on by that person:

Dr Michael Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 39 1) as trustee for The Lucas Dental Service Trust (ACN 097 285 580) ("The Providers") provide dental services

(c) Address in Australia for service of documents on that person:

Dr Michael Lucas, Lucas Dental, 577 Marion Road, South Plympton SA 5038

2.Notified arrangement

(a) Description of the goods or services in relation to the supply or acquisition of which this notice relates:

Dental services.

(b) Description of the conduct or proposed conduct:

The Prov'tders propose to offer private health insurance members of Bupa Australia Pty Ltd ABN 81 000 057 590, discounts on its regular pnce from time to time. Please refer to the attached submission for further details.

3.Persons, or classes of persons, affected or likely to be affected by the notified conduct

(a)Class or classes of persons to which the conduct relates:

Consumers who are private health insurance members of Bupa.

(b)Number of those persons:

(i) At present time:

Approximately up to 1.6 million memberships

(ii) Estimated within the next year:

Approximately up to 5000 memberships

(e)Where number of persons stated in item 3 (b) (i) is less than 50, their names and addresses:

Not applicable as the number of persons stated in item 3(b)(i) is greater than 50.

4.Public benefit claims

(a) Arguments in support of notification:

Please refer to the attached submission for arguments in support of notification.

(b) Facts and evidence relied upon in support of these claims:

Please refer to the attached submission for arguments in support of notification.

5.Market definition

The relevant markets are the markets for the provision of dental services and the market for the provision of private health insurance. Competition in each of these markets is competitive and there are other suppliers in both of these markets that compete for business on an equal footing.

6.Public detriments

(a) Detriments to the public resulting or likely to result from the

notification, in particular the likely effect of the notified conduct on the

prices of the goods or services described at 2 (a) above and the prices of

goods or services in other affected markets:

Please refer to the attached submission

(b) Facts and evidence relevant to these detriments:

Please refer to the attached submission

7.Further information

(a) Name, postal address and contact telephone details of the person

authorised to provide additional information in relation to this

notification:

Dr Michael Lucas

Lucas Dental

577 Marion Road

South Plympton SA 5038

Dated....'^^... ^^ S^ I.< ...................................

Signed on behalf of the applicant

.............................................................................

(Signature)

Emma Zipper

General Counsel & Company Secretary

Bupa Australia Group

SUBMISSION IN SUPPORT OF NOTIFICATION UNDER SECTION 93 OF THE COMPETITION AND CONSUMER ACT 2010

This submission is made by Bupa Australia Pty Ltd ABN 81 000 057 590 trading as Bupa ("Bupa") on behalf of the Providers and supports the Form G notification attached.

1.Overview of proposed conduct

1.1Bupa provides private health insurance to its members.

1.2Dr Michael Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 391) as trustee for The Lucas Dental Service Trust ("The Providers") are (collectively) a dental practitioner and related dental service companies.

1.3Bupa has negotiated an arrangement with the Providers. Under this arrangement, the Providers offer certain discounts to Bupa pn'vate health insurance members.

1.4This conduct by the Providers is arguably a contravention of sections 47(6) and (7) of the Cottipetition and Constinier Act 2010 (Ctli) if the Providers are considered to be:

(a) giving or allowing or offering to give or allow, a discount, allowance, rebate or credit in relation to the supply of goods or services to consumers on the condition that those consumers are Bupa private health insurance members; or

(b) refusing to give or allow a discount, allowance, rebate or credit in relation to the supply of goods or services to consumers for the reason that those consumers have not acquired private health insurance from Bupa.

2.Details of offer

The table below sets out the details of the offer.

Business[Product Description of offer Provision of dental From time to time, the Providers may make the following services offers available to Bupa health insurance members:

1.No Gap introductory offer

This offer is available for comprehensive dental assessments and oral hygiene appointments. This offer is only available on the following item numbers: 011 (Comprehensive Assessment), 022 (Check up and x-rays (x2)), 037 (Full Mouth Panoramic X-ray), 072 (Digital Imaging), Treatment Planning, 114 (Professional Clean and Polish), 221 (Periodontal Charting), 121 (Fluoride Application), 141 (Oral Hygiene Instruction).

Terrns of the offer:

•Available to any Bupa health insurance member with appropriate level of extras cover

•Patient must mention the discount voucher when booking the appointment.

Patient must present a valid discount voucher. Offer valid for new & existing patients to the practice. Discount can't be used in conjunction with any other o ffe r. Patient is responsible for any outstanding payments at the time of appointment.

2. No Gap First Visit

This offer provides a no gap experience on the first visit by new patient for the following: Consultation, Two bite-wing x-rays, OPG (if necessary), scale and clean, cancer check and treatment plan as required.

Terms of the offer:

• Available to any Bupa health insurance member with appropriate level of extras cover who is visiting the practice for the first time

• Patient must mention the discount voucher when booking the appointment. Patient must present a valid discount voucher. Offer valid for new patients to the practice. Discount can't be used in conjunction with any other o ffe r. Patient is responsible for any outstanding payments at the time of appointment.

3. 10% Discount

This offer provides a 10% discount on a patient's first visit.

Tenns of the offer:

• Available to any Bupa health insurance member with appropriate level of extras cover who is visiting the practice for the first titne

• Patient must mention the discount voucher when booking the appointment. Patient must present a valid discount voucher. Offer valid only for new patients.

• Discount applies to the initial appointment only which includes a consultation, clean and polish, fluoride treatment and (if required two x-rays).

• Discount can't be used in conjunction with any other offer.

• Patient is responsible for any outstanding payments at the time of appointment.

4. $50 discount

This offer provides a $50 discount for new and existing

Terms of the offer:

• Available to any Bupa health insurance member with appropriate level of extras cover

• Patient must mention the discount voucher when booking the appointment.

• Patient must present a valid discount voucher. • Offer valid for both new & existing patients to the

practice. • Discount can't be used in conjunction with any

other offer. • Patient is responsible for any outstanding payments

at the time of appointment.

The Providers may also make other offers available from time to time.

3. Products and services

We consider the relevant products and services to which this notification relates are:

• Dental services; and • Private health insurance.

4. Public Benefit

The proposed conduct of the Providers offer significant benefits to the public because:

the discount makes the services more affordable and better value for consumers; and

the conduct motivates competitors to offer similar benefits and discounts and therefore increases competition in these services.

5. Competitive effects

5.1.1The proposed conduct will have no detrimental effects on competition. Competition for these types of services exists as similar businesses offer similar types of services.

5.2The offer in no way limits the choice of consumers because:

the Providers will continue to offer their services to consumers at the regular prices, regardless of whether or not the consumers are Bupa private healtli insurance members; and

0consumers are free to purchase from other competing suppliers.

6.Conclusion

For the reasons set out above, we believe the Commission should not serve a notice under section 93 of the CCA in respect of the attached notifications. This is because the conduct will cause no detriment and will generate tangible public benefits.

Emma Zipper General Counsel & Company Secretary Bupa Australia Group 600 Glenferric Road HAWTHORN VIC 3122

Dear Emma

Consent to notification of third line forcing — Bupa Australia Pty Ltd & Dr Tfflchael Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 391) as trustee for The Lucas Dental Service Trust

We acknowledge that an arrangement between Bupa Australia Pty Ltd ABN 81000 057 590 ("Bapa") and Dr Michael Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 391) as trustee for The Lucas Dental Service Trust ("The Providers") may be considered a contravention of section 47 of the Competition and Consumer Act 2010 (Cth).

In particular, the arrangement involves Dr Michael Lucas and Lucas Dental Group Pty Ltd (ACN 097 285 580) and Lucas Dental Services Pty Ltd (ACN 007 892 391) as trustee for The Lucas Dental Service Trust offering discounts to Bupa health insurance members.

As a result, we consent to Bupa lodging with the ACCC, on our behalf-

(1) a Forrn G notification; and

(2) a submission made by Bupa on behalf of the Providers supporting the Forrn G notification — highlighting the public benefit associated with the proposal and the absence of any misuse of market power, in the form attached.

We also agree to Bupa providing a copy of this letter to the ACCC as evidence of the Providers' consent to Bupa lodging the Form G notification on the Providers' behalf.

Yours sincerely,

Dr Michael iucas Lucas Dental Group Pty Ltd (AiCN 097 285 580) Lucas Dental Services Pty Ltd,(ACN 007 892 391) as trustee for The Lucas Dental Service Trust

Dated:

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AUST. COMPETITION & CoNSUFwIER COMMiSSION

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CANBERRA 23 June 2015

General Manager

Adjudication Branch

Australian Competition and Consumer Commission

GPO Box 3131

CANBERRA ACT 2601

Dear Sir or Madam

Notification of third line forcing - Bupa Australia Pty Limited & Dr Koe Ean Ong and

K.E. Ong & Associates Pty Ltd (ACN 009 634 182)

Bupa Australia Pty Ltd ABN 81 000 057 590 ("Bupa") has negotiated an arrangement with

Dr Koe Ean Ong and K.E. Ong & Associates Pty Ltd (ACN 009 634 182) ("The

Providers").

Under this arrangement, the Providers offer a discount on certain purchases of goods or

services for Bupa private health insurance members.

It is arguable that this may involve a contravention of section 47 of the Con1petition aild

Consioner Act 2010 (Ctli). As a result, we enclose for your consideration:

(1) a Fon-n G notification on behalf of the Providers;

(2) a submission made by Bupa on behalf of the Providers supporting the Forrn G

notification - highlighting the public benefit associated with the proposal and the

absence of any misuse of market power;

(3) a cheque for $200 as payment for lodging fees; and

(4) a written consent from the Providers consenting to Bupa lodging the Form G

notification on the Providers behalf.

We would appreciate it if you would copy us in on any response you provide to the Providers.

If you have any questions in relation to this notification, please feel free to contact me. -k) I C,-L, Q^-

ct-lrq 0" r

Yours sincerely,

Emma Zipper

General Counsel & Company Secretary

Bupa Australia Group

Enc

Form G Commonwealth of Australia

Competition and Consumer Act 2010 — subsection 93 (1) NOTIFICATION OF EXCLUSIVE DEALING

To the Australian Competition and Consumer Commission:

Notice is hereby given, in accordance with subsection 93 (1) of the Competition and Consiimer Act 2010, of particulars of conduct or of proposed conduct of a kind referred to subsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) of that Act in which the person giving notice engages or proposes to engage.

1. Applicant

(a) Name of person giving notice:

Dr Koe Ean Ong and K.E. Ong & Associates Pty Ltd (ACN 009 634 182) ("The Providers").

(b) Short description of business carried on by that person:

Dr Koe Ean Ong and K.E. Ong & Associates Pty Ltd (ACN 009 634 182) ("The Providers") provide dental services

(e)Address in Australia for service of documents on that person:

Dr Koe Ean Ong, Laser Dentistry, Shop 18 & 20, The Village Shopping Centre 54 Bradshaw Terrace, Casuarina NT 0810

2.Notified arrangement

(a) Description of the goods or services in relation to the supply or acquisition of which this notice relates:

Dental services.

(b) Description of the conduct or proposed conduct:

The Providers propose to offer private health insurance members of Bupa Australia Pty Ltd ABN 81 000 057 590, discounts on its regular price from time to time. Please refer to the attached submission for further details.

3.Persons, or classes of persons, affected or likely to be affected by the notified conduct

(a)Class or classes of persons to which the conduct relates:

Consumers who are private health insurance members of Bupa.

(b)Number of those persons:

(i) At present time:

Approximately up to 1.6 million memberships

(ii) Estimated within the next year:

Approximately up to 5000 memberships

(c)Where number of persons stated in item 3 (b) (i) is less than 50, their names and addresses:

Not applicable as the number of persons stated in item 3(b)(i) is greater than 50.

4.Public benefit claims

(a) Arguments in support of notification:

Please refer to the attached submission for arguments in support of notification.

(b) Facts and evidence relied upon in support of these claims:

Please refer to the attached submission for arguments in support of notification.

5.Market definition

The relevant markets are the markets for the provision of dental services and the market for the provision of private health insurance. Competition in each of these markets is competitive and there are other suppliers in both of these markets that compete for business on an equal footing.

6.Public detriments

(a) Detriments to the public resulting or likely to result from the notification, in particular the likely effect of the notified conduct on the prices of the goods or services described at 2 (a) above and the prices of goods or services in other affected markets:

Please refer to the attached submission

(b) Facts and evidence relevant to these detriments:

Please refer to the attached submission

7.Further information

(a) Name, postal address and contact telephone details of the person authorised to provide additional information in relation to this notification:

Dr Koe Ean Ong Laser Dentistry Shop 18 & 20 The Village Shopping Centre 54 Bradshaw Terrace Casuarina NT 08 10

Dated..........................................................

Signed on behalf of the applicant

. ........................................................................... (Signature)

Emma Zipper General Counsel & Company Secretary Bupa Australia Group

SUBMISSION IN SUPPORT OF NOTIFICATION UNDER SECTION 93 OF THE COMPETITION AND CONSUMER ACT 2010

This submission is made by Bupa Australia Pty Ltd ABN 81 000 057 590 trading as Bupa ("Bupa") on behalf of the Providers and supports the Form G notification attached.

1.Overview of proposed conduct

1.1Bupa provides private health insurance to its members.

1.2Dr Koe Ean Ong and K.E. Ong & Associates Pty Ltd (ACN 009 634 182) ("The Providers") are (collectively) a dental practitioner and related dental service companies.

1.3Bupa has negotiated an arrangement with the Providers. Under this arrangement, the Providers offer certain discounts to Bupa private health insurance members.

1.4This conduct by the Providers is arguably a contravention of sections 47(6) and (7) of the Coiiipetition and Consiiiiiet- Act 2010 (Cth) if the Providers are considered to be:

(a) giving or allowing or offering to give or allow, a discount, allowance, rebate or credit in relation to the supply of goods or services to consumers on the condition that those consumers are Bupa private health insurance members; or

(b) refusing to give or allow a discount, allowance, rebate or credit in relation to the supply of goods or services to consumers for the reason that those consumers have not acquired private health insurance from Bupa.

2.Details of offer

The table below sets out the details of the offer.

-Business/Product Description of offer Provision of dental From time to time, the Providers may make the following services offers available to Bupa health insurance members:

1.No Gap introductory offer

This offer is available for comprehensive dental assessments and oral hygiene appointments. This offer is only available on the following item numbers: 0 11 (Comprehensive Assessment), 022 (Check up and x-rays (x2)), 037 (Full Mouth Panoramic X-ray), 072 (Digital Imaging), Treatment Planning, 114 (Professional Clean and Polish), 221 (Pen' odontal Charting), 121 (Fluoride Application), 141 (Oral Hygiene Instruction).

Tenns of the offer:

•Available to any Bupa health insurance member with appropriate level of extras cover

•Patient must mention the discount voucher when booking the appointment.

•Patient must pres nt a valid discount voucher.

Offer valid for new & existing patients to the practice. Discount can't be used in conj'unction with any other offer. Patient is responsible for any outstanding payments at the time of appointment.

2. No Gap First Visit

This offer provides a no gap experience on the first visit by new patient for the following: Consultation, Two bite-wing x-rays, OPG (if necessary), scale and clean, cancer check and treatment plan as required.

Terms of the offer:

• Available to any Bupa health insurance member with appropriate level of extras cover who is visiting the practice for the first time

• Patient must mention the discount voucher when booking the appointment. Patient must present a valid discount voucher. Offer valid for new patients to the practice. Discount can't be used in conjunction with any other offer. Patient is responsible for any outstanding payments at the time of appointment.

3. 10% Discount

This offer provides a 10% discount on a patient's first visit.

Ten-ns of the offer:

• Available to any Bupa health insurance member with appropriate level of extras cover who is visiting the practice for the first time

• Patient must mention the discount voucher when booking the appointment. Patient must present a valid discount voucher. Offer valid only for new patients. Discount applies to the initial appointment only which includes a consultation, clean and polish, fluoride treatment and (if required two x-rays). Discount can't be used in conjunction with any other offer. Patient is responsible for any outstanding payments at the time of appointment.

4. $50 discount

This offer provides a $50 discount for new and existing patients.

Tenns of the offer:

• Available to any Bupa health insurance member with appropriate level of extras cover

• Patient must mention the discount voucher when booking the appointment.

• Patient must present a valid discount voucher. • Offer valid for both new & existing patients to the

practice. • Discount can't be used in conjunction with any

other offer. • Patient is responsible for any outstanding payments

at the time of appointment.

The Providers may also make other offers available from time to time.

3. Products and services

We consider the relevant products and services to which this notification relates are:

• Dental services; and • Private health insurance.

4. Public Benefit

The proposed conduct of the Providers offer significant benefits to the public because:

the discount makes the services more affordable and better value for consumers; and

the conduct motivates competitors to offer similar benefits and discounts and therefore increases competition in these services.

5. Competitive effects

5.1.1The proposed conduct will have no detrimental effects on competition. Competition for these types of services exists as similar businesses offer similar types of services.

5.2The offer in no way limits the choice of consumers because:

the Providers will continue to offer their services to consurners at the regular prices, regardless of whether or not the consumers are Bupa private health insurance members; and

0consumers are free to purchase from other competing suppliers.

6.Conclusion

For the reasons set out above, we believe the Commission should not serve a notice under section 93 of the CCA in respect of the attached notifications. This is because the conduct will cause no detriment and will generate tangible public benefits.

Emma Zipper General Courisel & Company Secretary Bupa Australia Group 600 Glenferric Road RAW'FHORN VIC 3122

Dear Emma

Consent to notification of third line forcing — Bupa Australia Pty Ltd & Dr Koe Ean Ong and K.E. Ong & Associates Pty Ltd (ACN 009 634 182)

We acknowledge that an ar-rangement between Bupa Australia Pty Ltd ABN 81 000 057 590 ("Bupa') and Dr Koe Ean Ong and K.E. Ong & Associates Pty Ltd (ACN 009 634 182) ("The Providers") may be considered a contravention of section 47 of the Competition and Consumer Act 2010 (Cth).

In particular, the ar-rangement involves Dr Koe Ean Ong and K.E. Ong & Associates Pty Ltd (ACN 009 634 182) offering discounts to Bupa health insurance mcmbers.

As a result, we consent to Bupa lodging with the ACCC, on our behalf.

(1) a Form G notification; and

(2) a submission made by Bupa on behaif of the Providers supporting the Fonn G notification — highlighting the public benefit associated with the proposal and the absence of any misuse of market power, in the fomi attached.

We also agree to Bupa providing a copy of this letter to the ACCC as evidence of the Providers' consent to Bupa lodging the Form G notification on the Providers' behalf.

Yours sincerely,

Dr Koe Ea Ong K.E. Ong & Associates Pty Ltd (ACN 009 634 182)

Dated: