The ACCC has issued a final determination authorising, with conditions, Coles Group Limited, other participating supermarkets and other approved supermarkets to continue cooperating to ensure the fair and equitable distribution of retail products and a safe operating environment during the COVID-19 pandemic.

Given recent outbreaks and ongoing COVID-19 restrictions in multiple Australian states and territories, the ACCC notes that the situation in relation to the pandemic remains uncertain. This ongoing uncertainty has led to a number of impacts on the supply of retail goods to consumers. Given this, the ACCC remains of the view that there is an ongoing need for supermarkets to be able to engage in coordinated activities in response to the COVID-19 pandemic in the short term.

Previously, Coles had an authorisation for broadly similar conduct, which was due to expire on 31 March 2021. On 25 March 2021, the ACCC granted interim authorisation to enable Coles and other participating supermarkets to continue coordinating while the ACCC considered its new application.

On 7 July 2021, the ACCC issued a draft determination proposing to grant conditional authorisation. The ACCC has now issued a final determination granting conditional authorisation until 31 March 2022.

Copies of the application, submissions and the ACCC’s decisions are available on our public register at Coles Group on behalf of itself and participating supermarkets