The New Zealand Commerce Commission (ComCom) has taken action against the Royal Australian and New Zealand College of Ophthalmologists (RANZCO) following an investigation into a letter that discouraged ophthalmologists from training optometrists in specific surgical procedures. This investigation was prompted by concerns that RANZCO's guidance could restrict competition in the ophthalmic surgery market.

In 2022, a legal change expanded the scope of practice for optometrists, allowing them to perform certain surgical procedures after receiving training from ophthalmologists. However, RANZCO's letter advised its members against facilitating this training, raising alarms about potential anti-competitive behavior that could harm patients and increase costs for healthcare providers.

Vanessa Horne, General Manager of Competition, Fair Trading and Credit, noted that while the Commission did not conclude that RANZCO's actions violated the Commerce Act, they were indeed concerning. The Commission emphasized that trade associations must be cautious about making recommendations that could be interpreted as arrangements limiting competition among their members.

In response to the Commission's concerns, RANZCO clarified its position, stating it did not intend to discourage training for optometrists. This clarification effectively concluded the Commission's investigation, highlighting the importance of compliance with the Commerce Act for professional bodies.

The Commerce Act prohibits arrangements that substantially lessen competition, and any recommendations made by associations are considered arrangements between their members. The case serves as a reminder for trade bodies to understand their legal obligations to avoid anti-competitive practices.