On 21 December 2001 the Federal Court decided that Australian Safeway Stores Pty Ltd had not breached the Trade Practices Act 1974 in relation to its conduct in reaction to the sale of bread by certain independent supermarkets in Victoria during 1994 and 1995.
The ACCC had instituted proceedings against Safeway alleging that it had a practice of removing a particular baker's products from sale when that baker's bread was on special at a nearby independent store (smaller retailers and supermarkets other than Coles or Franklins). The ACCC had alleged that Safeway's conduct contravened various provisions of the Act dealing with anti-competitive agreements, misuse of market power, exclusive dealing, price fixing and resale price maintenance.
Having carefully considered the findings and legal advice, the ACCC has filed a Notice of Appeal against that decision.