Date lodged:
2 December 2005
Type:
Exclusive dealing notification
Status:
Completed
Outcome:
Revoked
Applicant(s)
- Nestle Australia Ltd
Notification number(s)
- N31488
Summary
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.
Notifications
Document title | Date | |
---|---|---|
Lodgement ( PDF 158.27 KB ) | 2 Dec 2005 |
Decisions
Document title | Date | |
---|---|---|
Draft Notice to Revoke ( PDF 162.33 KB ) | 3 Apr 2006 | |
Notice - Released ( PDF 1.13 MB ) | 3 Aug 2006 |
ACCC correspondence
Document title | Date | |
---|---|---|
ACCC to Aldi Stores Requesting Submissions ( PDF 73.93 KB ) | 8 Dec 2005 | |
ACCC to Counsel re Claim for Confidentiality ( PDF 23.65 KB ) | 9 Dec 2005 | |
ACCC to Australian Consumers Association Requesting Submissions ( PDF 75.48 KB ) | 9 Dec 2005 | |
ACCC to Australian Food and Grocery Council Requesting Submissions ( PDF 79.18 KB ) | 9 Dec 2005 | |
ACCC to Australian Retailers Association Requesting Submissions ( PDF 79.19 KB ) | 9 Dec 2005 | |
ACCC to ALDI re Exclusion of Correspondence ( PDF 20.15 KB ) | 23 Jan 2006 | |
ACCC to Baker & McKenzie re Draft Notice to Revoke ( PDF 23.02 KB ) | 3 Apr 2006 | |
ACCC to Mallesons Stephen Jaques re Draft Notice to Revoke ( PDF 23.94 KB ) | 3 Apr 2006 | |
Meeting between ACCC and Nestle Australia re Draft Notice to Revoke ( PDF 16.33 KB ) | 8 May 2006 | |
Record of Meeting between ACCC and ALDI Representatives ( PDF 12.87 KB ) | 11 May 2006 | |
ACCC to Mallesons Stephen Jaques re Response to Applicant Submission of ( PDF 15.56 KB ) | 9 Aug 2006 | |
Show all documents (8 more) |
Submissions
Document title | Date | |
---|---|---|
Counsel to ACCC re Intended Submission ( PDF 44.36 KB ) | 5 Jan 2006 | |
ALDI Stores Limited ( PDF 20.22 MB ) | 12 Jan 2006 | |
Record of Meeting with Aldi Representatives re Issues of Supply ( PDF 13.81 KB ) | 14 Feb 2006 | |
Mallesons Stephen Jaques to ACCC re Response to Submission by Aldi Stores ( PDF 234.16 KB ) | 8 Mar 2006 | |
Further Submission by ALDI ( PDF 103.86 KB ) | 18 Apr 2006 | |
Mallesons Stephen Jaques to ACCC re Response to Draft Notice to Revoke ( PDF 467.17 KB ) | 2 Jun 2006 | |
ALDI Stores to ACCC re Response to Nestle Australia Ltd Submission of ( PDF 980.19 KB ) | 2 Jun 2006 | |
Mallesons Stephen Jaques to ACCC re Response to Aldi Stores Submission ( PDF 102.77 KB ) | 16 Jun 2006 | |
Nestle Australia Ltd ( PDF 83.53 KB ) | 31 Jul 2006 | |
Nestle Australia Ltd ( PDF 106.38 KB ) | 9 Aug 2006 | |
Baker & McKenzie to ACCC re Provision of Further Information by ALDI Stores ( PDF 84.89 KB ) | 18 Aug 2006 | |
Show all documents (8 more) |
Pre-decision conferences
Document title | Date | |
---|---|---|
ACCC to Baker & McKenzie re Pre-Decision Conference ( PDF 48.27 KB ) | 11 May 2006 | |
ACCC to Mallesons Stephen Jaques re Pre-Decision Conference ( PDF 47.03 KB ) | 11 May 2006 | |
Parties Attending PDC ( PDF 11.5 KB ) | 11 May 2006 | |
Pre-Decision Conference Minutes ( PDF 66.62 KB ) | 11 May 2006 | |
ACCC to Baker & McKenzie re Meeting Record of Pre-Decision Conference ( PDF 21.1 KB ) | 19 May 2006 | |
ACCC to Mallesons Stephen Jaques re Meeting Record of Pre-Decision Conference ( PDF 20.99 KB ) | 19 May 2006 | |
Mallesons Stephen Jaques to ACCC re Record of Pre-Decision Conference ( PDF 95.01 KB ) | 29 May 2006 | |
Baker & McKenzie to ACCC re Pre-Decision Conference Minutes ( PDF 44.19 KB ) | 18 Aug 2006 | |
Show all documents (5 more) |