Nestle Australia Limited - Notification - N31488

Nestle Australia Limited will supply NESCAFE BLEND 43 coffee and other Nestle Australia products to ALDI Stores on condition ALDI does not obtain imported Nescafe coffee from New Imports Pty Ltd or any other importer, distributor or wholesaler, which competes with Nestle Australia for the supply of soluble coffee products, unless ALDI takes all reasonable steps to ensure all marketing material expressly advises consumers that NESCAFE BLEND 43 coffee is distinctly different from the overseas NESCAFE brands sold by ALDI. The ACCC issued a draft notice on 3 April 2006, proposing to revoke the notification. A pre-decision conference was held on 11 May 2006. A final Notice to revoke the notification was issued to Nestle Australia Ltd on 3 August 2006 and released to the public on 9 August 2006, with 8 paragraphs masked while a legal dispute with Nestle Australia Ltd was resolved. The final Notice was released on 17 August 2006. Nestle Australia Ltd has lodged an application with the Australian Competition Tribunal for review of the giving of the Notice to revoke.