The Australian Competition and Consumer Commission (the ACCC) has granted interim authorisation, with conditions, to enable Coles Group Limited, other participating supermarkets and other approved supermarkets to continue cooperating to ensure the fair and equitable distribution of retail products and a safe operating environment during the COVID-19 pandemic.
Coles has an existing authorisation for substantially the same conduct that is due to expire on 31 March 2022. Interim authorisation will allow the parties to continue to engage in this conduct while the ACCC considers an application for re-authorisation lodged by Coles to enable the supermarkets to continue coordinating their operations in response to the COVID-19 pandemic until 31 December 2023.
The ACCC notes that while there has been a transition away from lockdowns, the situation in relation to the COVID-19 pandemic remains uncertain as COVID-19 outbreaks continue. This ongoing uncertainty has led to a number of impacts on the supply of retail goods to consumers. Given this, the ACCC remains of the view that there is an ongoing need for the parties to be able to engage in coordinated activities to respond to the COVID-19 pandemic in the short term.
To inform the ACCC’s consideration about whether to grant substantive authorisation for the coordination to continue until 31 December 2023, the ACCC is now seeking submissions about the application for re-authorisation by 8 April 2022. 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.