Full reasons for notice to revoke Nestlé notification
The Australian Competition and Consumer Commission has released its full reasons for revoking a notification* lodged by Nestlé Australia Ltd.
The ACCC had on 9 August 2006 issued a version of its reasons with some paragraphs masked pending resolution of a legal dispute with Nestlé Australia.
The ACCC has now had time to carefully consider the concerns raised by Nestlé Australia and has decided to remove the masking, except in two minor cases.
"The ACCC considers it is appropriate to publish its reasons for revoking the notification on the public register to ensure the public is fully informed of the ACCC's reasons for taking the decision it did", ACCC Chairman, Mr Graeme Samuel, said.
More information regarding the notification and a copy of the notice are available from the ACCC's website or by emailing the Adjudication Branch at adjudication@accc.gov.au.
* By lodging an exclusive dealing notification with the ACCC, a party obtains immunity from court action for that conduct. In this case, immunity was conferred automatically when the notification was lodged. Once the ACCC receives a notification, it reviews the purpose and effect of the notified conduct. If the ACCC forms the view that the conduct substantially lessens competition, and that it does not deliver a net public benefit, it may issue a draft notice proposing to revoke the notification. After considering any submissions from interested parties in response to the draft notice, and conducting a conference if any of the interested parties call for a conference, the ACCC must decide whether to issue a final notice. If the ACCC issues a final notice, the immunity is lost after 30 days, unless an application to review the decision is lodged with the Australian Competition Tribunal.
