Description of Conduct
On 18 March 2025, Soft Plastic Stewardship Australia Limited (SPSA) lodged application for authorisation AA1000695.
SPSA sought authorisation on behalf of itself, initial members and current or future participants. The initial members of SPSA are:
- ALDI Foods Pty Limited
- Coles Group Limited and its related bodies corporate
- Woolworths Group Limited and its related bodies corporate
- Nestle Australia Ltd
- Mars Australia Pty Ltd
- McCormick Foods Australia Pty Ltd
(collectively, the Initial Members).
SPSA sought authorisation for certain conduct related to establishing and operating a voluntary industry-led product stewardship scheme which will focus on recycling used soft plastic packaging materials. This includes shopping bags, fresh produce bags, food wrappers, bags and pouches.
Specifically, SPSA sought authorisation for the following conduct:
- SPSA setting and collecting, and the scheme participants agreeing to pay, the scheme levy and minimum levy, which may be passed on by a scheme participant as part of their price and may be eco-modulated in the future
- SPSA developing, setting and imposing membership terms and conditions and Scheme participants agreeing to these terms and conditions
- Agreements between SPSA and each of Coles, Woolworths and ALDI (being members of the Taskforce) to allow SPSA to take over and expand on the instore collection program being run by the members of the Taskforce including transferring arrangements with service providers to SPSA
- The sharing of operational information and data between SPSA and Coles, Woolworths and ALDI (being the members of the Taskforce) to facilitate SPSA’s operations, including to transfer the arrangements for the Taskforce instore collection program run by Coles, Woolworths and ALDI to SPSA
- SPSA arranging for and acquiring services to implement and operate the scheme, including by entering into and giving effect to contracts with third parties for the collection, transport, sortation, storage, processing and recycling of used soft plastics and third-party services for invoicing, collecting and managing and auditing packaging data
- SPSA and scheme participants discussing and agreeing communications to consumers and the public in relation to the scheme, including marketing and educational activities
- SPSA and APCO sharing market analysis, modelling, research and packaging placed on market data and agreeing communications to APCO members for the purpose of the scheme.
SPSA sought authorisation for the above conduct in relation to Division 1 of Part IV of the Act (cartel conduct) and sections 45 and 47 of the Act (contracts, arrangements or understandings that restrict dealings or affect competition and conduct that may constitute exclusive dealing).
SPSA sought authorisation for 8 years.
On 11 August 2025, the ACCC issued a draft determination proposing to grant authorisation for 8 years, subject to conditions.
On 25 August 2025, Zero Waste Victoria notified the ACCC that it wished for a pre-decision conference to be held in relation to the ACCC’s draft determination proposing to grant authorisation with conditions for 8 years. The pre-decision conference was held in Sydney on 19 September 2025. A record of the conference is available below.
On 12 November 2025, the ACCC issued a final determination granting authorisation with conditions for 8 years, until 4 December 2033.
Copies of the ACCC’s final determination and draft determination are available below.
Applicant(s)
- SOFT PLASTIC STEWARDSHIP AUSTRALIA LIMITED