From:                                         Adjudication

Sent:                                           Wednesday, 29 November 2017 2:56 PM

To:                                               'aiden.shanley@holdingredlich.com'

Subject:                                     Third line forcing notification N100053 lodged by Stella Rossa Franchising (Aust) Pty Ltd [DLM=For-Official-Use-Only]

 

Security Classification:       For Official Use Only

 

Dear Mr Shanley

 

I refer to the third line forcing notification lodged with the Australian Competition and Consumer Commission (the ACCC) by Stella Rossa Franchising (Aust) Pty Ltd on 11 October 2017.  It has been allocated the registration number N100053. 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 client’s request that Annexures A, B and C of Form G be excluded from the ACCC’s public register.

 

As you are aware, the ACCC is generally required under section 95 of the Competition and Consumer Act 2010 (the Act) to place documents provided to it in relation to a notification on the ACCC’s public register. The Act provides that a person submitting a document in relation to a notification may request that the document or parts thereof be excluded from the public register by reason of the nature of certain information contained in the document.

 

As a person authorised to make a decision for and on behalf of the ACCC in relation to such a request, I advise that Annexures A, B and C of Form G will not be placed on the public register

 

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 Stella Rossa Franchising (Aust) Pty Ltd will disclose all relevant terms and conditions to current and prospective franchisees. In particular I note that Stella Rossa Franchising (Aust) Pty Ltd is required to comply with the disclosure requirements of the Franchising Code of Conduct in relation to the notified arrangement.

 

Please contact Natalie Morton on (02) 6243 3003 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