B P Australia Pty Ltd

On 18 October 2024, BP Australia Pty Ltd (bp), lodged an application, on behalf of itself, Qantas Airways Limited and Qantas Frequent Flyer Limited (together, Qantas), resellers of fuel under the BP brand (bp Resellers); and any future partners of the BP Rewards Program (Future Program Partners) to revoke authorisations AA1000452 and AA1000619 and substitute authorisation AA1000681.

bp is seeking a revocation and substitution to continue maintaining a BP Rewards Program with fuel and non-fuel offers at bp sites and participating bp resellers for Rewards Program members. The application seeks to expand the existing BP Rewards Program by introducing points under the loyalty program for Electrical Vehicle charging purchases at participating bp pulse sites.

1.         bp wishes to continue the BP Rewards Program across the bp-branded network in collaboration with Qantas as a cornerstone rewards partner under a new Loyalty Participation Agreement (LPA) between bp and Qantas.

2.         The BP Rewards Program will continue to enable consumers to become BP Rewards Program members and to earn BP Rewards Points or Qantas Points (under Qantas’ Frequent Flyer or Business Rewards Programs (Qantas Programs)) when making eligible purchases at bp-branded sites. Members will then be able to redeem BP Rewards Points and Qantas Points for benefits such as 'dollars off' at bp-branded sites.

3.         In addition, from time to time, bp will continue to offer fuel and non-fuel offers at bp-branded sites to qualifying BP Rewards Program members (such as additional fuel discounts, Electric Vehicle charging discounts and discounted or free convenience items). These additional fuel and non-fuel offers will not require BP Rewards Program members to redeem their BP Rewards Points or Qantas Points, but the offers may be conditional on other behaviour such as purchasing fuel, Electric Vehicle charging or convenience items, or using a bp proprietary platform such as BPme.

4.         bp seeks authorisation to implement aspects of the BP rewards Program and bp’s partnership with the Qantas Programs, including:

Any exclusive dealing that may arise when or in the event that:

• BP Rewards Program and Qantas Program membership: when bp or a participating bp Reseller supplies, or offers to supply, benefits to a BP Rewards Program and/or Qantas Program member on condition that the member has acquired loyalty program services from bp and/or Qantas or goods or services from a Future Program Partner;
• Fuel or non-fuel offers for BP Rewards Program members: when bp or a participating bp Reseller supplies, or offers to supply, fuel or non-fuel offers to qualifying BP Rewards Program members on condition that the qualifying member has acquired goods or services from bp, a bp Reseller, a B2B2C (see below) partner or a Future Program Partner; or
• Mandatory participation by new or renewing bp Resellers: if bp makes participation in the BP Rewards Program, the Qantas Programs and/or the fuel or non-fuel offers associated with the BP Rewards Program mandatory as a condition of bp’s supply of other goods or services to a bp Reseller who signs a new or varied POSA (see below) with bp following commencement of the authorisation sought in this application.

Coordination between bp and bp Resellers in respect of their collective participation in the BP Rewards Program, the Qantas Programs and/or the fuel or non-fuel offers associated with the BP Rewards Program, including in relation to:

• the benefits to be provided to BP Rewards Program members in respect of the earning or redemption of BP Rewards Points or Qantas Points
• the benefits to be provided to qualifying BP Rewards Program members as part of the fuel or non-fuel offers
• any charge paid by bp Resellers to bp to contribute to bp’s funding of the BP Rewards Program
• any charge paid by bp Resellers to bp in respect of the proposed fuel or non-fuel offers
• restrictions on bp 's or bp Resellers' participation in third party loyalty programs or supply of member data to third parties, and
• bp’s or bp Resellers' involvement in the Qantas Programs and any charge paid by bp to Qantas in respect of Qantas Points earned or redeemed.

Co-ordination between BP and Qantas in respect of:

• the rates at which Qantas Points may be earned or allocated by Qantas under Qantas' partnership with the BP Rewards Program
• the rates at which BP Rewards Points may be directly earned and allocated by bp under the BP Rewards Program
• the rates at which Qantas Points may be directly earned and allocated by Qantas under bp's partnership with the QBR Program, and
• the benefits to be provided to BP Rewards Program members in respect of the redemption of Qantas Points at bp-branded sites.

(Together, the Proposed Conduct).

bp is seeking authorisation for 10 years.

The ACCC previously granted related authorisations to bp to establish BP Rewards on 27 February 2020, (expiring on 20 March 2025). This was expanded to include fuel and non-fuel offers at bp sites on 27 October 2022 (expiring on 18 November 2027).

The ACCC invites the views of interested parties on this application. Submissions are requested by 12 November 2024. If you wish to make a submission in relation to this matter, please lodge it via this web form.

An indicative timetable for the ACCC’s assessment is set out below.