A Dealer Programme was implemented by Kong under which retailers supplied by Kong would promote Hydor products. It was a condition that retailers observe set minimum prices in relation to certain of these products.
The Commission alleged that Pepsi Co participated in conduct that potentially breached ss50 & 50A. Pepsi co & FLA undertake not to supply and to ensure that none of its subsidiaries or controlled entities supplies, generic or private label salty snackfood products to a grocery retailer in Aust for 2 years from the completion of the sale agreement.
The Part A Competition notice dated 10 August 1998 (in force 30 September 1998) was revoked by notice issued on 14 October 1998. A further Part A Competition notice was issued on 14 October 1998 (in force 14 October 1998).