7-Eleven Australia Pty Limited and 7-Eleven Stores Pty Limited

On 29 July 2022 7-Eleven Australia Pty Limited and 7-Eleven Stores Pty Limited (together, 7-Eleven) lodged resale price maintenance notifications.

Under the current notifications, 7-Eleven proposes to specify the price at which operators of 7-Eleven branded stores must resell a product to a customer if the sale occurs via a 7-Eleven eCommerce platform for a period of 6 years.

7-Eleven intends to initially engage in the notified conduct through a ‘Pay & Go’ service that enables customers to purchase one or more items on a mobile app used in store without going to the physical checkout in the store to pay for their purchase or otherwise interacting with any personnel in the store.

Other potential uses of the notified conduct include in-store ‘Digital Screen’ self-service kiosks, fully automated ‘Micro Market’ stores, and click and collect/delivery via a 7-Eleven platform or third-party marketplaces.

On 28 January 2022, 7-Eleven lodged notifications for similar RPM conduct, except that the RPM conduct the subject of those notifications is not time limited (RPN10000458 and RPN10000457). 7-Eleven requested that the ACCC not progress its consideration of these notifications while it is considering the new notifications lodged on 29 July 2022.

On 11 August 2022, the ACCC issued a Statement of reasons explaining its decision to not object to the notifications lodged on 29 July 2022. This means that the legal protection provided by these notifications will commence on 12 August 2022.

A copy of the Statement of reasons is available below.