TVSN Channel Pty Ltd

Applicant(s)

  • TVSN Channel Pty Ltd

Notification number(s)

  • N10000521
  • N10000523
  • N10000541

Summary

On 18 May 2020, TVSN Channel Pty Ltd (TVSN) lodged two exclusive dealing notifications with the ACCC in relation to its television shopping services which involved TVSN acquiring products on condition (N10000521) and refusing to acquire products (N10000523).

These notifications replaced an earlier notification from 2019, N10000509, that TVSN withdrew. Further information about the withdrawn 2019 notification is available on the public register for that matter.

On 19 March 2021, TVSN also withdrew the refusal to acquire notification lodged in May 2020 (N1000523) and lodged a new refusal to acquire notification (N10000541).

The current notifications involve TVSN:

  • acquiring products from suppliers on condition that a supplier will not, without TVSN’s consent, supply those products, or any other products under the same brand or in the same product category, for feature or sale by another dedicated television shopping channel retailer (DTSCR) for a four-month exclusivity period (Acquisition on condition notification N10000521), and
  • refusing to acquire products from suppliers for the reason that:
  • the supplier has supplied those products or other products under the same brand or in the same product category to another DTSCR in the preceding 6 months, or
  • the supplier’s products have been in the preceding 6 months, or are currently being, featured on another DTSCR, or
  • the supplier has not agreed to supply the products in accordance with an exclusivity condition the subject of a notification that is currently in force (Refusal to acquire notification N10000541).

A copy of each notification is available under the ‘Notifications’ heading below.

On 16 July 2021, the ACCC decided not to object, based on current information, to either of TVSN’s exclusive dealing notifications. The ACCC’s assessment is set out in the Statement of Reasons, which is available below.

The ACCC is not satisfied, based on the evidence currently available, that the Notified Conduct has the purpose, effect or likely effect of substantially lessening competition in any market. The ACCC is concerned to ensure the Notified Conduct does not substantially undermine the ability of other television shopping channels to source suppliers or offer products and services to customers. If evidence should come to light that the Notified Conduct is substantially affecting the ability of other television shopping channels to compete on their merits, the ACCC is able to revoke the notification.