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The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Coles Supermarkets Australia Pty Ltd (Coles) following an investigation into a video and cartoon ‘Our Coles Brand Milk Story’, which was published on social media.
The video and cartoon ran from 7 February 2013 to 5 May 2013 on a variety of platforms including YouTube, Coles’ website and Facebook page, and was promoted in links from Twitter and other social media.
The ACCC, which commenced the investigation following complaints from dairy farmer organisations, was concerned that Coles was likely to have misled consumers about the impact of its 26 January 2011 retail milk price reduction on the average price paid to dairy farmers supplying milk to processors in 2011-12 (the farmgate price).
On 24 March 2014, AGL Energy Limited (AGL) applied to the Australian Competition Tribunal (the Tribunal) for merger authorisation pursuant to section 95AU of the Competition and Consumer Act (the CCA) to acquire the assets of Macquarie Generation (the application).
AGL also provided a court enforceable undertaking that it will not make the acquisition that is the subject of the application while the application is being considered by the Tribunal (the undertaking).
On 1 April 2014, the Australian Competition and Consumer Commission (ACCC) accepted the undertaking from AGL.