Description of Conduct
On 11 March 2021, 7-Eleven Stores Pty Limited (7-Eleven) lodged an application for revocation and substitution. 7-Eleven is seeking authorisation to continue arrangements that were authorised by the ACCC in 2020, whereby 7-Eleven may approach some of its franchisees (Franchisees), and if they agree, to enter into arrangements with those Franchisees to either temporarily close or reduce the trading hours of certain stores (the Conduct). This may include stores operated by its Franchisees, and stores operated by 7-Eleven (or through its sister entity, Convenience Holdings Pty Limited) (corporate-owned stores). 7-Eleven advised that the purpose of the Conduct is to assist 7-Eleven and its Franchisees to respond to and endure the COVID-19 pandemic in a cost-efficient manner, while supporting 7-Eleven’s customers.
7-Eleven’s original authorisation for the same conduct was due to expire on 31 March 2021.
On 25 March 2021, the ACCC granted interim authorisation, with conditions, allowing 7-Eleven to continue the Conduct. The conditions require 7-Eleven to notify the ACCC of the Franchisees it proposes to approach for temporary store closure or a reduction in hours, and the stores (both corporate owned and franchised) which will be closed or have reduced hours. A copy of the Interim Authorisation Decision is available via the link below.
On 1 July 2021, the ACCC issued a draft determination proposing to grant re-authorisation for a 6 months from the date of the final determination with the same conditions.
On 28 July 2021, the ACCC issued a final determination granting the re-authorisation with the same conditions as previously, until 30 June 2022. Given the ongoing uncertainty around the impact of the COVID-19 pandemic, the ACCC considers a longer authorisation period than that contemplated in the draft decision is appropriate.
Further information about the ACCC’s decision is available in the Decisions section below.
- 7-Eleven Stores Pty Limited