Woolworths Limited - variation - s.87B undertaking

On 2 June 2010, the ACCC consented to a variation to the s87B Undertaking given by Woolworths Limited (Woolworths) and Carboxy Pty Limited (Carboxy) (together the Parties) on 11 November 2009. The Undertaking was accepted by the ACCC in order to resolve competition concerns which would otherwise have resulted from the acquisition of Danks Holdings Limited by a joint venture between Woolworths and Lowe's Companies Inc. Carboxy is the incorporated joint venture vehicle.

The purpose of the variation was to:

• extend the operation of the Undertaking to hardware stores of any size
• vary the geographic scope of the obligations from 5km to 10km, and
• make clear that the Undertaking applied in respect of the acquisition of hardware stores by the joint venture or any of the Parties.