There has been some commentary in the press in recent days regarding the Australian Competition and Consumer Commission's conduct of its case against certain petrol retailers in the Geelong area. This case is still before the Federal Court and the ACCC is constrained from commenting on the substance of these matters.
However, there is one matter in the press reports that the ACCC wishes to clarify. Media commentators have suggested that some of the evidence led by the ACCC has been "made up" or "fabricated".
The ACCC tendered in evidence a document which details the dates and times of telephone calls and the timing and amount of petrol price changes for certain days at certain petrol stations in the Geelong area. The document has been designated in the proceeding as Annexure B.
There has also been before the court another document that was produced by the ACCC in the discovery process. That document was not tendered as evidence by the ACCC. It was a working document prepared for the purpose of conducting an econometric analysis. In that process some dummy entries were included in the document, but the ACCC has never relied on the document or those entries. It appears that some journalists have confused this document with Annexure B.
Suggestions in the media that the ACCC has "made up" or "fabricated" any details in Annexure B or any other evidence it has tendered or upon which it has sought to rely in the court, and that it has agreed that it has done so, are completely wrong.