Embed Size (px)
Citation preview
Our Ref: 291199
16 October 2013
RECESVED1 7 OCT 2013
AUST COiVIPET!T!GN & CONSUMERCOMMISSION-ADELAIDE
Australian Competition and Consumer CommissionGPO Box 922ADELAIDE SA 5001
Dear Sir
Notification ofThitd Line Fotcing - San Remo Macaroni Company Pty Ltd (ABN 43 000228 713)
San Remo Macaroni Company Pty Ltd proposes to conduct a competition to be conducted inparticipating independent supermarkets in South Australia and Western Australia.
Please find enclosed the following:
1. Form G Notification under section 93(1) of the Competition and Consumer Act 2010 inrelation to potential third line forcing conduct proposed to be engaged in by our client("Notification"); and
2. Cheque in the amount of $100.00, being in payment of the fee for lodging theNotification.
Please do not hesitate to contact the writer should you have any queries in relation to theenclosed notification.
Yours faithfullyKELLY & CO.
per:
YoPeter CampbellPartnerDirect Telephone: 61 8 8205 0836Direct Facsimile: 6-L 8 8205 0805Email: [email protected]
Enc. Form G Notification
Cheque
291199ELC/3923279.1
Level 21 Westpac House
91 King William StreetAdelaide SA 5000
GPO Box 286Adelaide SA 5001
T +61 8 8205 0800
F +61 8 8205 0805
www.kellyco.com.au
ABN 95 723 883 859
1 7 OCT 2013
AUST COMiPETiTION & CONSUiViER
(V COMMISSION - ADELAIDE
Form G
Commonwealth of Australia
Competition and Consumer -Act 2010 - subsection 93NOTIFICATION OF EXCLUSIVE DEAEIN^"
To the Australian Competition and Consumer Commission:
Notice is hereby given, in accordance with subsection 93 (1) of the^ Competition 'andConsumer Act 2010, of patticukrs of conduct or of proposed conduct of a kind referredto subsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) of that Act m which the person glvmgnotice engages or proposes to engage.
1. Applicant
Name ofpetson giving notice:(a)
(b)
(c)
2.
(a)
(b)
San Remo Macarom Company Pty Ltd (San Remo) ABN 43 000 228 713.
Short description of business earned on by that person:
San Remo is a food manufacturer and distributor.
Address in Australia for service of documents on that person:
C/- Peter CampbeU, Partner, KeUy & Co. Lawyers, Level 21 Westpac House, 91King William Street, Adelaide, South AustraUa 5000.
Notified arrangement
Description of the goods or services in relation to the supply or acquisitionof which this notice relates:
A San Remo food product, San Remo Frozen Meals (the product).
Description of the conduct or proposed conduct:Section 47 of the Competition and Consumer Act 2010 (Act) prohibits anti-competitive dealing, and outlines a number of proscribed practices which amountto exclusive dealing.
Sections 47(6) prohibits exclusive dealing which arises when goods or services aresupplied to a purchaser on the condition that the purchaser will acquire goods orsenses of a'particular kind or description direcdy or mdirecdy from anotherperson not being a body corporate related to the suppUer.The proposed conduct outlined below may fall within these Pl:OYisions of theAct. San Remo wishes to conduct a competition aimed at South AustiaUan andWestern AusttaUan residents aged 18 years or over. It is a condition of entry tothe'competition that customers acquire the product from a partictpatmg stockistof the product during the promotional period of the competition. Those stockistsare independent supermarkets in SA and WA.
However, San Remo maintains, as outlined below in section 4, that the proposedconduct will have a negUgible effect on competition within the relevant markets.
291199ELC/3911525.1Page 1 of 3
3. Persons, or classes of persons, affected or likely to be affected by thenotified conduct
(a) Class or classes of persons to which the conduct relates:
Consumers who purchase the product at an independent supermarket which is apardcipating stockist of the product.
(b) Number of those persons:
(i) At present time:
Based on previous promotions, San Remo calculates that there will beapproximately 1,000 who will enter the competition.
(ii) Estimated within the next year:
Not applicable.
(c) Where number of persons stated in item 3 (b) (i) is less than 50, theirnames and addresses:
Not applicable.
4. Public benefit claims
(a) Arguments in support of notification:
The competition will be conducted for a limited duration. It will be conductedfor approximately 6 weeks from 10.00am ACDT on Monday, 4 November 2013and closes at 5.00pm ACDT on Sunday, 15 December 2013.
The eligible customers can enter the competition for the chance to win a pri2eprovided they make the relevant purchase at an independent supermarket whichis a participating stockist of the product.
The proposed conduct will cause no public detriment. The customers will simplybe purchasing the product from an independent supermarket. There is nothingpreventing customers from purchasing the product from other retailers or frompurchasing substitute products, although they wiU not be able to enter thecompetition.
(b) Facts and evidence relied upon in support of these claims:
As above.
5. Matket definition
Provide a description of the market(s) in which the goods or servicesdescribed at 2 (a) are supplied or acquired and other affected marketsincluding: significant suppliers and acquirers; substitutes available for therelevant goods or services; any restriction on the supply or acquisition ofthe relevant goods of services (for example geographic or legalrestrictions):
The product is supplied by numerous supermarkets throughout Australia. Thereare many substitute products available in the market, including but not limitedLean Cuisine, McCain, Leggo's, On the Menu and Weight Watchers.
291199ELC/3911525.1 Page 2 of 3
6. Public detriments
(a) Detriments to the public resulting of likely to result from the notification,in particular the likely effect of the notified conduct on the prices of thegoods or services described at 2 (a) above and the prices of goods orservices in other affected markets:
There wiU be no public detriment.
San Remo does not set retail prices. Prices are set by each retailer of San Remoproducts. The competition described in section 2 above is not intended to andwiU not affect the price of the product.
The proposed conduct will not affect the availability of San Remo products.Nothing in the conduct outlined in section 2 will prevent consumers frompurchasing the product from other retailers or from purchasing substituteproducts, except that they will not be able to enter the competition. Consumersare not obliged to enter the competition.
(b) Facts and evidence relevant to these detriments:
7.
(a)
As above.
Further information
Name, postal address and contact telephone details of the personauthorised to provide additional information in relation to this notification:
Mr Peter CampbeUKeUy & Co. LawyersLevel 21 Westpac House91 King WUliam StreetAdelaide SA 5000Ph: (08) 8205 0836
Dated: 15 October 2013
Signed by/on behalf of the applicants
Peter CampbeUPartner
Kelly & Co. Lawyers
291199ELC/3911525.1 Page 3 of 3
