Coles Group on behalf of itself and participating supermarkets

Summary

Coles Group Limited seeks authorisation on behalf of itself, Woolworths Group Limited, ALDI Stores and Metcash Limited (the Participating Supermarkets). The Participating Supermarkets propose that authorisation also apply to Other Approved Supermarkets who have obtained ACCC approval to engage in the Proposed Conduct.

Coles seeks authorisation for the Participating Supermarkets and Other Approved Supermarkets to:

(1) propose, discuss, enter into or give effect to any contract, arrangement or understanding (including involving manufacturers, suppliers, transport and logistic providers), or engage in any conduct, which has the broad purpose of ensuring the supply and fair and equitable distribution of Retail Products to Australian consumers during the COVID-19 pandemic; and

(2) to continue to give effect to any contract, arrangement or understanding previously entered into in reliance on their existing authorisation. 

Coles has an existing authorisation for broadly similar conduct which is due to expire on 31 March 2021. Coles has therefore also requested interim authorisation to allow the parties to continue to engage in the conduct covered by this authorisation, subject to some modifications. Full details of the current application are provided at the link below.

Coles seeks authorisation until 31 March 2022.

On 25 March 2021, the ACCC granted conditional interim authorisation. A copy of the Interim Authorisation Decision is available via the link below.

The ACCC will progress its assessment of the application in a timely manner. An indicative timetable is set out below for your information.

Indicative date

Stage in assessment process

12 March 2021

Lodgement of application

25 March 2021

ACCC decision regarding interim authorisation

22 April 2021

Closing date for submissions on substantive application

5 May 2021

Applicants respond to issues raised in the public consultation process

June 2021

Draft determination

June/July 2021

Public consultation on the draft determination

August 2021

Final determination

Applicant(s)

  • Coles Group Limited
  • Woolworths Group Limited
  • Metcash Limited
  • Aldi Stores Supermarkets Pty Ltd

Authorisation number(s)

  • AA1000546-1

Applications

Document title Date

Decisions

Document title Date

ACCC correspondence