Undertaking date

Undertaking type

s.87B undertaking

Reference number



Former section 22 of the ACL

Company or individual details

  • Name

    Coles Supermarkets Australia Pty Ltd


    004 189 708
  • Name

    Grocery Holdings Pty Ltd


    007 427 581


The ACCC instituted proceedings on 5 May 2014 (ARC Proceedings) and 16 October 2014 (Claims proceedings) against Coles Supermarkets Australia Ltd and Grocery Holdings Pty Ltd alleging unconscionable conduct on a number of occasions in 2011 in contravention of the Australia Comsumer Law.
The ARC Proceedings alleged that Coles engaged in unconscionable conduct in the way it sought rebates from suppliers under its 'Active Retail Collaboration' (ARC) Program.
The Claims proceedings alleged that Coles had engaged in unconscionable conduct against a number of suppliers in relation to claims for various payments, including payments for purported profits gaps, retrospective and prospective waste, and late and short deliveries by suppliers.
In resolving both sets of proceedings, Coles has consented to orders including declarations, pecuniary penalties and payments of legal costs and has offered to the ACCC a court enforceable undertaking which provides for an independent review of the eligibility of suppliers referred to in both proceedings for possible refunds of certain payments made to Coles by those suppliers.