Coles Group on behalf of itself and participating supermarkets

Coles Group Limited seeks authorisation on behalf of itself, Woolworths Group Limited, ALDI Stores and Metcash Limited (the Participating Supermarkets). The Participating Supermarkets propose that authorisation also apply to Other Approved Supermarkets who have obtained ACCC approval to engage in the Proposed Conduct.

Coles seeks authorisation for the Participating Supermarkets and Other Approved Supermarkets to:

(1) propose, discuss, enter into or give effect to any contract, arrangement or understanding (including involving manufacturers, suppliers, transport and logistic providers), including the urgent measures following the implementation of COVID-19 directions or responses by government, or engage in any conduct, which has the broad purpose of ensuring the supply and fair and equitable distribution of Retail Products to Australian consumers during the COVID-19 pandemic in a safe operating environment; and

(2) continue to give effect to any contract, arrangement or understanding previously entered into in reliance on their existing authorisation. 

Coles seeks authorisation until 31 March 2022.

Coles had an existing authorisation for broadly similar conduct which was due to expire on 31 March 2021. Coles had therefore also requested interim authorisation to allow the parties to continue to engage in the conduct covered by this authorisation, subject to some modifications. The ACCC granted interim authorisation on 25 July 2021.

On 7 July 2021, the ACCC issued a draft determination proposing to grant authorisation in accordance with certain conditions. The conditions are broadly similar to conditions that applied to the previous authorisation.

On 25 August 2021, the ACCC issued a final determination granting authorisation in accordance with the same conditions proposed in the draft determination, until 31 March 2022.

Copies of the application, submissions, and the ACCC’s decisions are available via the links below.