The ACCC has issued a draft determination proposing to authorise, 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 in a safe operating environment to consumers 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.
The ACCC has now issued a draft determination which proposes to grant authorisation until 31 March 2022.
The ACCC invites submissions in relation to this draft determination by 28 July 2021. The ACCC will then make its final decision.
Copies of the application and the ACCC’s draft determination are available on our public register at: Coles Group on behalf of itself and participating supermarkets