- TVSN Channel Pty Ltd
On 18 May 2020, TVSN Channel Pty Ltd (TVSN) lodged two exclusive dealing notifications with the ACCC in relation to its television shopping services. These notifications replace an earlier notification, N10000509, that TVSN withdrew. TVSN advised that it had withdrawn the previous notification in recognition of feedback from interested parties that reflected a need to clarify the notified conduct to avoid misinterpretation of its intended scope. Further information about the withdrawn notification is available on the public register for that matter.
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, or terminating supplier agreements, for the reason that a supplier has supplied, proposes to supply or has not agreed not to supply, products or services to another DTSCR (Refusal to acquire notification N10000523).
Each notification includes a definition of DTSCR for the purpose of the notified conduct that is narrower in scope than as defined in TVSN’s previous notification (N10000509).
A copy of each notification is available under the ‘Notifications’ heading below.
The ACCC is currently seeking submissions about the notifications by 14 August 2020. Details about how to make a submission are available from the link below.
The ACCC intends to make a decision regarding the notifications in September 2020. This will either be a decision to issue a draft notice to revoke either or both notifications, or a decision to take no further action and allow either or both the notifications to stand.
|Supporting Submission ( PDF 359.11 KB )||22 Jul 2020|
|CEG Report in support of notifications ( PDF 1.38 MB )||18 May 2020|
|Notification Received - acquisition on condition ( PDF 159.63 KB )||18 May 2020|
|Notification Received - refusal to acquire ( PDF 150.77 KB )||18 May 2020|
|Show all documents (1 more)|
|ACCC to Interested Parties re Consultation Process ( PDF 302.22 KB )||23 Jul 2020|
|Notifier – Additional submission re refusal to acquire notification ( PDF 131.74 KB )||23 Oct 2020|
|Australian Shopping Network Pty Ltd (trading as openshop) ( PDF 1.57 MB )||21 Oct 2020|
|Australian Functional Ingredients Pty Ltd ( PDF 443.96 KB )||14 Aug 2020|