From:                                         Adjudication

Sent:                                           Friday, 4 August 2017 3:41 PM

To:                                               'JanC@fal-lawyers.com.au'

Subject:                                     Third line forcing notification N99775 lodged by A & S Wholesale Fruit & Vegetables Pty Ltd [DLM=For-Official-Use-Only]

 

Security Classification:       For Official Use Only

 

Dear Ms Cooke

 

I refer to the third line forcing notification lodged with the Australian Competition and Consumer Commission (the ACCC) by A & S Wholesale Fruit & Vegetables Pty Ltd on 28 July 2017.   It has been allocated the registration number N99775.  The notification and this email will be placed on the ACCC’s public register which is available on the ACCC’s website.

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 franchisees, 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.

 

This assessment has been made on the basis that A & S Wholesale Fruit & Vegetables Pty Ltd will disclose all relevant terms and conditions to current and prospective licensees. In particular I note that A&S may be required to comply with the disclosure requirements of the Franchising Code of Conduct in relation to the notified arrangement, which will apply if A & S is operating a franchise system.

 

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

 

Regards

David Jones
General Manager | Adjudication
Australian Competition & Consumer Commission
23 Marcus Clarke Street Canberra 2601 |
http://www.accc.gov.au