Co-Operative Supermarkets Australia Limited (CSA) is an incorporated co-operative whose members operate independent supermarket and convenience stores. CSA and its members sought authorisation to collectively bargain with suppliers of goods and services to the Australian grocery industry.
Specifically, CSA and its members sought authorisation to:
- Collectively bargain with suppliers of all kinds in the Australian grocery industry supply chain in the relation to the supply of goods or services that are either consumed by CSA members or offered for sale through the members business. This includes the sharing of information by CSA members about price and conditions of supply offered to or existing with CSA members by suppliers.
- Impose and enforce an ‘active member test’, requiring members to actively trade in the goods and services offered through CSA’s system during each rolling two-month period.
On 19 December 2019, the ACCC granted interim authorisation to enable CSA and its members to share information and negotiate with suppliers, but not to enter into any contracts or impose an ‘active member test’.
On 13 March 2020, the ACCC issued a draft determination proposing to authorise the Proposed Conduct for five years. The ACCC also revoked the 19 December interim authorisation and granted an expanded interim authorisation that would allow CSA and its members to share information, negotiate with suppliers and enter into contracts with suppliers of goods and services to the Australian grocery industry, conditional upon the final authorisation being granted.
On 7 April 2020 the ACCC issued a determination conditionally authorising the Conduct until 29 April 2025.
The condition imposed by the ACCC prohibits any requirements being imposed on members of the collective bargaining scheme that would require them to purchase a minimum quantity of goods or goods to a minimum value through the scheme over any period unless:
- CSA first notifies the ACCC in writing of its intention to impose any such requirements and the reasons it considers such requirements to be necessary by emailing email@example.com; and
- the ACCC approves in writing the imposition of a minimum volume and/or value requirement.
The ACCC’s interim authorisation decisions and final determination are available under the Decisions heading below.
|Applicant to ACCC re Undertaking ( PDF 1004.37 KB )||18 Mar 2020|
|Applicants to ACCC providing further information ( PDF 1.76 MB )||25 Feb 2020|
|Applicant to ACCC re Provision of Further Information ( PDF 1.32 MB )||9 Dec 2019|
|Application Received ( PDF 3.65 MB )||5 Nov 2019|
|Show all documents (1 more)|
|ACCC to Interested Parties re Draft Determination and Interim Authorisation Decision ( PDF 246.99 KB )||13 Mar 2020|
|ACCC to Interested Parties re Consultation Process ( PDF 287.86 KB )||20 Nov 2019|
|ACCC to Interested Parties re Final Determination ( PDF 261.22 KB )||7 Apr 2020|
|ACCC to Applicant re Interim Authorisation Decision ( PDF 230.2 KB )||19 Dec 2019|
|ACCC to Interested Parties re Interim Authorisation Decision ( PDF 228.2 KB )||19 Dec 2019|
|ACCC to Applicant re Request for Further Information ( PDF 13.13 KB )||4 Dec 2019|
|ACCC to Applicant re Interested Party Consultation ( PDF 261.23 KB )||20 Nov 2019|
|Show all documents (2 more)|
Submissions - before draft decision
|Australian Small Business and Family Enterprise Ombudsman ( PDF 1.05 MB )||29 Nov 2019|