Woolworths Limited - variation - s.87B undertaking

On 6 December 2013 the ACCC accepted a section 87B Undertaking from Woolworths Limited.  Pursuant to the Undertaking, Woolworths was required not to make or allow fuel discounts where those discounts are:

(a) not funded wholly or by the fuel subsidiary or division of Woolwortts;

(b) greater in value than 4 cents per litre and, contingent on purchases of goods or services at a store or business separate from the retail fuel outlet.

On 28 February 2019 the ACCC accepted a variation to the section 87B Undertaking.

The purpose of the variation is to remove the provision of the Undertaking that prevents Woolworths from funding fuel discounts from any division outside the Woolworths Petrol Division.

Upon the sale of the Woolworths Petrol Division to EG Group Limited, the Undertaking, in its original form, would prevent Woolworths from offering any fuel discount as the discount is required to be funded from the Woolworths' Petrol Division (which will no longer exist).  The variation will allow Woolworths to continue to offer fuel discounts that are linked to a consumer's supermarket purchases, but it will retain cap of 4 cents per litre on such discounts.

The variation will be enlivened upon the completion of the sale of Woolworths' Petrol Division to EG Group Limited.