Traders must give growers regular statements about how they dealt with the grower’s produce during a particular period.
Chairman Rod Sims outlines the ACCC's new approach to information gathering in merger analysis, and how an increase in resources for cartel investigations over the past three years resulted in this week's once-in-a-century conviction for cartel conduct.
The ACCC has conducted an in-depth investigation into the contracts of Carlton United Breweries (CUB) and Lion Pty Limited (Lion) after allegations from some craft brewers that the major brewers were locking them out of beer taps in pubs, clubs and live venues through the use of exclusivity provisions and volume requirements.
The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against Ramsay Health Care Australia Pty Limited (Ramsay) for alleged anti-competitive conduct involving misuse of market power and exclusive dealing in the Coffs Harbour region.
Ramsay operates Baringa Private Hospital and the Coffs Harbour Day Surgery, the only private hospital and private day surgery facilities in the Coffs Harbour region. Coffs Harbour surgeons use operating theatres at Ramsay’s facilities to perform surgical procedures on private patients.
Traders and growers need to keep a written record of any other grower or trader they deal with for at least six years. In addition there are specific record keeping obligations for both traders and growers.
We have a range of enforcement options available to us, including issuing warnings, investigating the conduct, issuing infringement notices or commencing legal proceeding.
Under the Horticulture Code growers and traders can use any procedures they choose to resolve a dispute. However, the Code has a dispute resolution process that must be followed if it is initiated by one of the parties.
The Horticulture Code requires growers and traders to have a written contract, called a Horticulture produce Agreement (HPA) before they can trade with each other..
Under the Horticulture Code, traders and growers must deal with each other in good faith. Failure to deal in good faith can lead to penalties for breaching the Code.
Supermarkets need to improve the way they notify suppliers when delisting their products to avoid breaching the Food and Grocery Code of Conduct, ACCC Chairman Rod Sims said today at the Australian Food and Grocery Council’s forum in Canberra.