From:                                         Adjudication

Sent:                                           Monday, 7 November 2016 2:39 PM

To:                                               ''

Subject:                                     Third line forcing notification N99410 lodged by Xpresso Coffee (Aust) Pty Ltd [DLM=For-Official-Use-Only]


Security Classification:       For Official Use Only


Dear Mr Taylor

I refer to the third line forcing notification lodged with the Australian Competition and Consumer Commission (the ACCC) by Xpresso Coffee (Aust) Pty Ltd on 27 October 2016.   It has been allocated the registration number N99410. The notification and this email will be placed on the ACCC’s public register which is available on the ACCC’s website.

I have considered your request that the annexures provided be excluded from the ACCC’s public register.  As a person authorised to make a decision for and on behalf of the ACCC in relation to such a request, I advise that the annexures will not be placed on the public register.


Please note also that the correct fee for a single third line forcing notification is $100.  A refund of $100 will be arranged shortly. 


The protection from legal action provided by the notification commences automatically 14 days after the lodgement date, unless the ACCC objects.


On the basis of the information that you have provided, and that the parties will disclose all relevant terms and conditions to customers, the ACCC does not object to the notification at this time.

If at any time circumstances change, or the ACCC receives further information, such that it is satisfied that the public benefits from the third line forcing conduct do not outweigh the public detriments, the ACCC may remove the protection provided by the notification.


Please contact Hannah Ransom on (02) 6243 1255 or by email to if you have any questions about this matter.




Mr Baethan Mullen
Acting General Manager | Adjudication Branch
Australian Competition & Consumer Commission
23 Marcus Clarke Street Canberra 2601 |