7-Eleven Australia Pty Limited & 7-Eleven Stores Pty Limited

Applicant(s)

  • 7-Eleven Australia Pty Limited
  • 7-Eleven Stores Pty Limited

Lodged on behalf of:

  • 7-Eleven Australia Pty Limited

Notification number(s)

  • RPN10000458
  • RPN10000457

Summary

On 28 January 2022 7-Eleven Australia Pty Limited and 7-Eleven Stores Pty Limited (collectively, 7-Eleven) lodged a resale price maintenance notification.

Under the notification, 7-Eleven proposes to specify the price at which operators of 7-Eleven branded stores must resell a product to a customer via an eCommerce platform.

7-Eleven intends to initially engage in the notified conduct through a ‘Pay & Go’ service that enables customers to purchase one or more items on a mobile app used in store without going to the physical checkout in the store to pay for their purchase or otherwise interacting with any personnel in the store.

Other potential uses of the notified conduct include in-store ‘Digital Screen’ self-service kiosks, fully automated ‘Micro Market’ stores, click and collect/delivery via a 7-Eleven platform and third-party marketplaces.

On 29 July 2022, 7-Eleven lodged notifications for similar RPM conduct, except that the RPM conduct the subject of those notifications is time-limited to 6 years (RPN10000459 and RPN10000460). 7-Eleven requested that the ACCC not progress its consideration of the notifications lodged on 28 January 2022 while it is considering the new notifications lodged on 29 July 2022. On 11 August 2022, the ACCC issued a Statement of reasons explaining its decision to not object to the notifications lodged on 29 July 2022.

On 12 August 2022, 7-Eleven withdrew the notifications lodged on 29 January 2022.