Announcement of the inquiry
On 25 January 2024, the Australian Government announced that it will direct the ACCC to conduct an inquiry into Australia’s supermarket sector.
The inquiry will examine the pricing practices of the supermarkets and the relationship between wholesale, including farmgate, and retail prices.
The formal direction from the Australian Government was received on 1 February 2024, including the terms of reference.
Timeframe
The supermarkets inquiry will run for one year.
On 29 February 2024, we published an issues paper and consumer survey seeking views on the key issues we will consider in this inquiry.
The ACCC provided an interim report to the Australian Government by 31 August 2024.
The final report is due to be provided no later than 28 February 2025.
Legal basis for the inquiry
Under Part VIIA of the Competition and Consumer Act 2010, the Treasurer can direct the ACCC to hold a price inquiry into a particular matter.
A price inquiry allows the ACCC to use its compulsory information-gathering powers to collect information from the relevant parties subject to the inquiry.
Enforcement proceedings
The ACCC has commenced separate proceedings in the Federal Court against Woolworths Group Limited and Coles Supermarkets Australia Pty Ltd for allegedly breaching the Australian Consumer Law by misleading consumers through discount pricing claims on hundreds of common supermarket products.
The ACCC’s investigation into the conduct, which is the subject of these proceedings, pre-dates the Supermarkets Inquiry. The Inquiry will not consider the issues in dispute in the proceedings.
For more information, see: ACCC takes Woolworths and Coles to court over alleged misleading ‘Prices Dropped’ and ‘Down Down’ claims.
See also
Media release: ACCC to examine prices and competition in supermarket sector, 25 January 2024
Competition and Consumer (Price Inquiry—Supermarkets) Direction 2024