The Australian Competition and Consumer Commission (the ACCC) has granted conditional interim authorisation to enable Coles Group Limited and other participating supermarkets to coordinate to ensure the supply and fair and equitable distribution of retail products to consumers during the COVID-19 pandemic.
Coles has an existing authorisation for broadly similar conduct that is due to expire on 31 March 2021. Interim authorisation will allow Coles and other participating supermarkets to continue to engage in this conduct while the ACCC considers a new application lodged by Coles to enable the supermarkets to continue coordinating their operations in response to the COVID-19 pandemic until 31 March 2022.
The ACCC notes that the situation in relation to the COVID-19 pandemic remains uncertain in the short term. This ongoing uncertainty, and the possibility of restrictions being introduced at short notice, has particular impacts on the operations of supermarkets in supplying customers. Given this, the ACCC considers that there appears to be an ongoing need for the participating supermarkets to be able, in limited circumstances, to engage in coordinated activities to respond to the COVID-19 pandemic, at least in the short term.
To inform the ACCC’s consideration about whether to grant substantive authorisation for the coordination to continue until 31 March 2022, the ACCC is now seeking submissions about the application for authorisation. Further details about the application and how to make a submission are available on the ACCC public register at: Coles Group on behalf of itself and participating supermarkets.