MALLESONS .s^^^^^^^^^I^I^^^^^' KING8

KING8<WOODMALLESONS

22 January 2013

.s^^^^^^^^ÎÎ^^^^^'

Dr Richard ChadwicK

General ManagerAdjudication BranchAustralian Competition and Consumer CommissionLevel 20, 175 Pitt StreetSYDNEY NSW 2000

2 2 JAN 2113.^.

FILE No.

Dear Dr Chadwick

Doc:

Third line forcing notifications - Proposed promotion by Actew Distribution

Level 61

Governor Phillip TowerI Farrer Place

Sydney NSW 2000Australia

MA!^$;/F:RIGM.

We actfor ActewAGL Distribution Partnership (ABN 76 670 568 688), a partnership between ACTEWDistribution Limited (ACN 073 025 224) and Jemena Networks (ACT) Pty Ltd (ACN 008 552 663)("ActewDistribution"),

T +61 2 9296 2000F +61 2 9296 3999

Actew Distribution proposes to implement a short term promotional offer, to be implemented separatelythough five gas appliance retailers located in the Canberra region - namely, ActewAGL Energy Shop,Veetemp Air Conditioning and Heating, Climate Master, Scandia Air Conditioning and Heating, and Heatinand Cooling Services.

The promotion involves separate arrangements between Actew Distribution and each of the retailers underwhich the retailer will offer gas appliances at a discounted price to customers who also acquire a new naturalgas connection from Actew Distribution (in selected geographic areas), or who upgrade an existing gasservice with Actew Distribution, between If February 2013 and 31 May 2013.

The customer will receive a discount on the relevant gas appliance from the retailer at point of sale. ActewDistribution will reimburse the retailer for that discount.

Actew Distribution and each of the retailers wish separately to notify the Commission of the proposedexclusive dealing conduct in accordance with section 93(I) of the Competition and Consumer Act.

Accordingly, we enclose on behalf of Actew Distribution and the retailers:

(a)

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a separate Form G (Notification of Exclusive Dealing) for each of ActewAGL Energy Shop, VeetempAirconditioning and Heating, Climate Master, Scandia Airconditioning and Heating and Heating andCooling Services; and

(b) a cheque for $500.00 payable to the Australian Competition and Consumer Commission.

Further details of the notified conduct are set out in the enclosed Notifications.

King a Wood Mallesons in Australia is a member firm o1the King & Wood Mallesons network. See It winGom ICr more information I ABN 22 041 424 954,bit I align"}* I:K*SI^ 11/231 I itB: I 1'1111 tit+" I *;* I;Î*11 fog^ I at** I atb I ERM l flea I rig I:^11/11 *^^'I 31:}'11/3/2 I 5^;" I 3;:^Beling I Brisbane I Canberra I Chengdu I Chongqing I Guangzhou I Hangzhou I Hong Kong I Jinan I London I Melbourne I New York I Perlh I Qin dBO I Shen he'! Sh n hSilicon Valley I Suzhou I Sydney I Tianjln I Tokyo

1,304907_1102-5506-2250

KNG8<W. .DMALLESONS

Australian Competition and Consumer Commission

Ifthe Commission has any questions in relation to the Notifications, Actew Distribution would be pleased toassist.

'y:!IWayne LeachPartnerT +61 2 9296 2327wane. Ieach u. kwm. coin

22 January 2013

11304907 I

*

t

Commonwealth of Australia

Competition cmdConsumer Act 2010-subsection 93 (1)NOTIFICATIONOFEXCLl. ISIVEDEALING

To the Australian Competition and Consumer Commission:

Notice is hereby given, in accordance with subsection 93 (1) of the Competition offdConsumer Act 2010, of particulars of conduct or of proposed conduct of a kind referred tosubsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) of that Act in which the person givingnotice engages or proposes to engage.PLEASEFOLLOWDIRECTIONS ONBACKOFTHISFORM

I. Applicant

(a) Nameofperson giving notice:(RE;Ier 10 direcrion 2)

FYNow Pty Limited (ACN 008 605 374)trading as Heating and CoolingServices ("Heating and Cooling Services")

(b) Short description of business carried on by that person:(Refer to direction 3)

Heating and Cooling Services is a retailsupplier of electric, natural gas andwood fire heating, cooling and hot water products and related installationservices in the Australian Capital Territory and surrounding areas.

(c) Addressin Australia for serviceofdocuments on that person:

John Schmitzer

Director

Heating and Cooling Services80 Wollongong StreetFyshwick ACT 2609

2. Notifiedarrangement

(a) Description of the goods or services in relation to the supply or acquisitionof which this notice relates:

The notified conduct is in respect of goods and services supplied by:

. Heating andCoolingServices, including the supply andinstal!attonofnatural gas appliances; and

. ActewAGL Distribution Partnership(ABN76670568688), apartnership between ACTEW Distribution Limited (ACN 073 025 224)and JoinenaNetworks(ACT) Pty Ltd (ACN 008 552 663)("ActewDistribution"), including the supply of household natural gas andnatural gas connections in selected areas of Canberra, Queanbeyan,Bungendore andNowra.

Form G

.8^^^^^y^^ÎÎ^^^^^,2 2 JAN 20/3

^.

1/304540 I Page I of6

bblan

Typewritten Text

N96529

,

(b) Description of the conduct or proposed conduct:(Rel'er 10 direction 4)

The notified conductinvolves a promotion to be implemented by ActewDistribution separately through five retailers in the Canberra area, includingHeating and Cooling Services.

The promotion involves Heating and Cooling Services offer'ing to supplycertain gas appliances at a discounted price to customers who:

o acquireanewnaturalgasconnectionfromActewDistributionbetween11 February 2013 and 31 May 2013 in an area where natural gas isavailable but not yet connected in selected areas of Canberra,Quoanbeyan, Bungendore orNowra; or

. alreadyhaveanaturalgasheatingconnectionwithActewDistribution,and who upgrade this connection to a ducted gas connection between11 February 2013 and 3 I May 2013,

("Eligible Customers").

When an Eligible Customer acquires a natural gas space heater or a centralducted gas heating system from Heating and Cooling Seivices, Heating andCooling Services will provide the customer with a discount of either $800.00 or$400.00 off Heating and Cooling Services' retail price, depending on:

. whether ornotthe Eligible Customer is a newcustomerorexistingcustomer of Actew Distribution; and

o the typeofheatingsystemtheEligibleCustomeracquires(spaceheateror gas ducted heating system).

Heating and Cooling Services will claim a rebate from Acrew Distribution forthe amount of the discount provided to the Eligible Customer.

The terms and conditions determined and published by Actew Distribution willmake it clearthatthe promotion is limited to the first 400 Eligible Customers toclaim the discount(whether from Heating and Cooling Services or anotherparticipating retailer),

Persons, or classes of persons, affected or likely to be affected by the notifiedconduct

Class or classes of persons to which the conduct relates:(Refer to direction 5)

The classes of persons to which the conduct relates are acquirers or potentialacquirers of natural gas appliances and natural gas connections in the Canberra,Queanbeyan, BungendoreandNowra areas.

3.

(a)

1/304540 I Page 2 of6

,

(b) Number of those persons:

(i) At presenttime:

Nil. It is proposed that the offer will be made for a defined period of time(between 11 February 2013 and 31 May 2013) and to a limited number ofpersons,

(ii) Estimated within the nextyear:IR4'er io direc!ion 41

Approximately 400 persons'

Where number of persons stated in item 3 (b) (i) is less than 50, theirnames and addresses:

N/A

Public benefit claims

Arguments in support of notification:(Refer to direction 7.1

The notified conduct involves a promotion that will provide greater value andchoice for customers that acquire a new, or upgrade an existing, natural gasconnection. The public benefits associated with the notified conductinclude:

. reducing the cost for customers in acquiring gas appliances, andproviding greater value in obtaining a new, or upgrading an existing,gas connection;

. improving the value of the gas appliance and installation servicesprovided by Heating and Cooling Services;

. increasing demand for natural gas appliances (and potentially gasconnections) in the local area, which will in turn promote greatercompetition between retailers; and

. encouraging other retailers and energy distributors to respond withfurther unique promotional offerings which will, in turn, create greateropportunities for product differentiation and increased value and choicefor consumers,

Increases in the quality and value of services, and the promotion ofcompetition, product differentiation, and customer choice are all matters thatthe ACCC has previously accepted as involving benefits to the public.

Facts and evidence relied upon in support of these claims:

Please see section 4(a) above.

(c)

4.

(a)

(b)

11304540 I Page 3 of6

.

.

5. Market definition

Provide d description of the inorke/(.$) in which the goods or services described at2 to) ore SMPp!I^d or acquired a"of other qff'eeled markets including, ' signifiednisuppliers and '04/4i'refs, . substiit, tos available for ihe relevonigoods or services,ally restriction on Ihe supply or acquisition of the relevo"t goods or services 616rexample geographic or legolresiriction$).(Rel/'er 10 dirge!ion 8)

Heating and Cooling Services considers that the relevant markets include:

o markets forthe supply and distribution of gasin the ACT Queanbeyan,Bungendore andNowra areas; and

. markets forthe retailsupply of gas appliances to consumers in the ACTQueanbeyan, Bungendore andNowraareas.

Public detriments

Derriments to the public resulting o1'1ikely to result from the notification,in pal. ticular 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:

(Rt^/'er to direction 9)

Heating and Cooling Services considers that the notified conduct will not resultin, or lead to, any discernible detriment to the public. In particular:

. the notified conductis pro-Competitive. It will provide benefits andfurther choice for. consumers, and is likely to facilitate an increaseddemand for natural gas appliances and gas connections;

o the promotion does riotrequirecustomers either'to acquire (orupgrade)a natural gas connection from Actew Distribution or to acquire gasappliances from Heating and Cooling Services. Rather, the promotionprovides Eligible Customers with the opportunity to acquire lowerpriced gas appliances if they choose to do so, The relevant gasappliances will continue to be separately available to customers who donot wish to acquire a natural gas connection;

. the notified conduct relates only to a short-term promotionalarrangement by Actew Distribution that is available to a limitednumber of customers. The promotion will be available only tocustomers who acquire a gas connection or upgrade from ActewDistribution (in limited geographic areas) during the period11 February 2013 and 3 I May 2013. It will also be limited to the first400 Eligible Customers to claim the discount (whether. from Heatingand Cooling Services or another participating retailer); and

o the notified conduct does not prevent other' retailers from offisringdiscounted products and services, To the contrary, the conductis likelyto encourage other retailers to respond with diffisrentiated offeringswhich will provide greater benefits to consumers'

6.

(a)

11304540 I Page 4 of6

(b) Facts and evidence relevanttothesedetrime"ts:

Please see section 6(a) above,

Further information

(a) Name, postal address and contact telephone details of the personauthorised to provide additional information in relation to thisnotification:

7.

Contact: Johnschmitzer

Director

Heating and Cooling Services80 Wollongong StreetFyshwick ACT2609

Telephone: (02) 6280 7565

Ms MeIanie Wade

Senior Legal Counsel, ActswAGL DistributionActewAGL House40 Bunda Street

Canberra ACT 2600

Telephone: (02) 6248 3892

Copy:

Signedô1^'alfofthe applicant,,,,,, C, ,'^.^!,,^^,*,,,!,^,^^-!;^...................................,,,,(FullName)

,,,,,, I^;,, . .*,,,,,!,,!^,*,,!,,... I!^*!\^^.^^^!^.............,,,(Organis tion)

*,,,,...^^!!^!:.;,:>^""""""""""""""""""""""""""""(Position in Organisation)

co^ûn^:, ^ ^,,,,,,,,.2 2 JA" 2013

.,.

1/304540 I Pages of6

.

Coriumonwealth of Australia

Competition and Const!mer /jot 2010 - subsection 93 (1)NOTIFICATIONO^'EXCLUSIVE DEALING


Notice is hereby given, in accordance with subsection 93 (1) of the Compelitron undConsumer, 4ct 2010, of particulars of conduct or of proposed conduct of a kind referred tosubsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) of that Act in which the person givingnotice engages or proposes to engage.PLEASEFOLLOWDIRECTIO}. ISONBACKOFTHISFORM

I. Applicant

(a) Nameofperson giving"otice:(RE:/^?r to direciion 2)

Climate Master'(Australia) Pty Limited (ACN 079 460 021)trading as ClimateMaster ("Climate Master")

(b) Short description of business carried on bytliatperson:(Refer !o direction 3)

Climate Master is a retail supplier of electric, natural gas heating and coolingproducts and related installation services in the Australian Capital Territory andsurrounding areas.

(c) Address in Australia for service of documents on that person:

David Ashworth

ManagerClimate Master

1/6 Wonongong StreetFyshwick ACT 2609




o Climate Master, including the supply andinstallationofnaturalgasappliances; and

. ActewAGL Distribution Partnership(ABN76670568688), apartnership between ACTEW Distribution Limited (ACN 073 025 224)and 16menaNetworks(ACT) Pty Ltd (ACN 008 552 663)("ActewDistribution"), including the supply of household natural gas andnatural gas connections in selected areas of Canberra, Queanbeyan,Bungendore andNowra.

Form G

co"u^^,M^^^lit, ",',2 2 JAN 10/3

,^

1/304649 I Page I of6

bblan

Typewritten Text

N96530

(b) Description of the conduct or proposed conduct:,Refer 10 direction 4)

The notified conductinvolves a promotion to be implemented by ActewDistribution separately through five retailers in the Canberra area, includingClimate Master,

The promotion involves Climate Master offering to supply certain gasappliances at a discounted price to customers who:

. acquireanewnaturalgasconnectionfromActewDistributionbetween11 February 2013 and 31 May 2013 in an area where natural gas isavailable but not yet connected in selected areas of Canbelra,Queanbeyan, Bungendore orNowra; or

. alreadyhaveanaturalgasheatingconnectionwithActewDistribution,and who upgrade this connection to a ducted gas connection between11 February 2013 and 31 May 2013,


When an Eligible Customer a natural gas space heater or a central ducted gasheating system from Climate Master, Climate Master will provide the customerwith a discount of either $800.00 or $400.00 off Climate Master's retail price,depending on:

. whether ornottheEligible Customer is anew customer orexistingcustomer of Actew Distribution; and

. the typeofheatingsystemtheEligible Customer acquires(spaceheateror gas ducted heating system).

Climate Master will claim a rebate from Actew Distribution for the amount of

the discount provided to the Eligible Customer.

The terms and conditions determined and published by Actew Distribution willmake it clearthatthe promotion is limited to the first 400 Eligible Customerstoclaim the discount(whether from Climate Master or another participatingretailer).


Class or classes of persons to which the conduct relates:(Rel'er to direction 5)


3,

(a)

1/304649 I Page 2 of6


(i) At presenttime:


(ii) Estimated within the next year:(Refer 10 direciioi? 6.1


Where numbei. of persons stated in item 3 (b) (i) is less than 50, theirnames and addresses:

N/A


Arguments in support of notification:IR</t?I to direction Z)

The notified conduct involves a promotion that will provide greater value andchoice for customers that acquire a new, or upgrade an existing, natural gasconnection. The public benefits associated with the notified conduct include:


o improving the value of the gas appliance and installation servicesprovided by Climate Master;

o increasing demand for. natural gas appliances (and potentially gasconnections) in the local area, which will in tuin promote greatercompetition between retailers; and

o encouraging other retailers and energy distributors to respond withfurther unique promotional offerings which will, in turn, create greateropportunities for product differentiation and increased value and choicefor consumers,

Increases in the quality and value of services, and the promotion ofcompetition, product diffierentiation, and customer choice are all matters thatthe ACCC has previously accepted as involving benefits to the public.



(c)

4.

(a)

(b)

1/304649 I Page 3 of6

,


Provide a description of the innrkei(s) in which the goods or services descr!'bed a!2 itI) ore slippfted or acquired ond other of'ected markets including. . significantsuppliers and o0qz, irers, ' subs!ill, res ovailoble/br the relevant goods or services, ,any restriction o11 the SIPp!y or acqziis^tion of the relevant goods or services dorexample geogrQphic or legal restrictions, I:IRiÎer to di'reciioii(3)

Climate Master considersthatthe relevant markets include:

o markets forthe supply and distribution of gas in the ACT Queanbeyan,Bungendore andNowraareas; and

. markets forthe retailsupply of gas appliances to consumers in the ACTQueanbeyan, Bungendoreand Nowra areas.

Public derriments

Derriments to the public resulting o1.1ikely 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:

,R<:/Z!r to direction 9.1

Climate Master considers that the notified conduct will not result in, or lead to,any discernible detrimentto the public. In particular:

. the notified conductispro-competitive. It will providebenefits andfurther choice for consumers, and is likely to facilitate an increaseddemand for natural gas appliances and gas connections;

. the promotion does notrequirecustomerseitherto acquire(orupgrade)a natural gas connection from Actsw Distribution or to acquire gasappliances from Climate Master. Rather, the promotion providesEligible Customers with the opportunity to acquire lower priced gasappliances ifthey choose to do so. The relevant gas appliances willcontinue to be separately available to customers who do not wish toacquire a natural gas connection;

. the notified conduct relates only to a short-term promotionalarrangement by Actew Distribution that is available to a limitednumber of customers. The promotion will be available only tocustomers who acquire a gas connection or upgrade from ActewDistribution (in limited geographic areas) during the period11 February 2013 and 3 I May 2013, It will also be limited to the first400 Eligible Customers to claim the discount (whether from ClimateMaster or another participating retailer); and

. the notified conduct does not prevent other retailers from offeringdiscounted products and services. To the contrary, the conductis likelyto encourage other retailers to respond with differentiated offisringswhich will provide greater benefits to consumers'

6.

(a)

1/304649 I Page 4 of6

(by

7.

Facts and evidence relevant to these derrime"ts:


Further information


Contact: David Ashworth

ManagerClimate Master

1/6 Wollongong StreetFyshwick ACT 2609

Copy:

Telephone: (02) 6228 1/26

Ms MeIanie Wade

Senior Legal Counsel, ActswAGL DistributionActswAGL House

40 Bunda Street

Canberra ACT 2600

';^:I' ~^^z*11^:;:~;^;I^""""""""""""(Si nat re)

Telephone: (02) 6248 3892

..........!^!^^- . ,:,^-..... I^3.9, ^.^,,,,,,,,*,,,,...,......,..**,,,,.,(Full Name

........... I^;:^.. ..^,^,,.!,?^?^^, e?^^,,,*1:1. ^,,!!^.^^.^^..,(Organisatio )

-;,,^/(Position in Organisation)..,......., .......,,..,,,...,,,,,,,,,..*,,*,,,,,..........................,

co' "'^!^^^^""""'2 2 JA" 2113

1/304649 I Pages of6

\

NOTIFICATIONOFEXCLl. ISIVEDEALING

To the Australian Competition and Consumer. Commission:

Notice is hereby given, in accordance with subsection 93 (1) of the Coinpetit!'o12 andConsumer ACi 2010, of particulars orconduct or of proposed conduct of a kind referred tosubsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) of that Act in which th^ p^"son givingnotice engages or proposes to engage.PLEASEFOLLOWDll<ECTIONSONBACKOFTHISFORM

I. Applicant

(a) Nameofpersongivingnotice:(Rel'er to direction 2)

The Energy People PtyLimited (ACN 089 534 403)trading as ActewAGLEnergy Shop Fyshwick("ActewAGL Enei, gy Shop")

(b) Shortdescription of business carried on by that pel. son:(Rqfer to dryecti0}! 3)

ActewAGL Energy Shop is a retailsupplier orelectric and natural gas heating,cooling and hot water products and related installation services in theAustralian Capital Territory and surrounding areas

(c) Addi. ess in AUSti. ana for serviceofdocume"ts on that person:

Tom BarronDirector

ActewAGL Energy Shop100 Gladstone Street

Fyshwick ACT 2609




. ActewAGLEnergyShop, including the supply and installation ofnatural gas appliances; and

ActewAGL Distribution Partnership (ABN 76 670 568 688), apartnership between ACTEW Distribution Limited(ACN 073 025 224)and JemenaNetworks(ACT) Pty Ltd (ACN 008 552 663)("ActewDistribution"), including the supply of household natural gas andnatural gas connections in selected areas of Canberra, Queanbeyan,Bungendore andNowra.

Form G

Conimonwealth of Australia

Compeli!ion gridConst, me1.4ct2010-subsec!ion 93 (1)

amÎ^^'^^^'i^^^8^2 2 JAN 21/3

..

.

1/300450 I Page I of6

bblan

Typewritten Text

N96531

.

(b) Description of the conduct or proposed conduct:(I^<it;r 10 direction 4)

The notified conductinvolves a promotion to be implemented by ActewDistribution separately through five retailers in the Canberra area, includingActewAGL Energy Shop. ActewAGL Energy Shop is nota related bodycorporate of Actew Distribution.

The promotion involves ActewAGL Energy Shop (and each of the other fourretailers) offering to supply certain gas appliances at a discounted price tocustomers who:

. acquireanewnaturalgasconnectionfromActewDistributionbetween11 February 2013 and 31 May 2013 in an area where natural gas isavailable but not yet connected in selected areas of Canberra,Queanbeyan, Bungendore orNowra; or



When an Eligible Customer acquires a natural gas space heater or a centralducted gas heating system from ActewAGL Energy Shop, ActewAGL EnergyShop will provide the customer with a discount of either $800.00 or $400.00off ActewAGL Energy Shop'sretail price, depending on:

. whether or notthe Eligible Customer is anew customer orexistingcustomer of Actew Distribution; and

. the typeofheatingappliancetheEligibleCustomeracquires(spaceheater or gas ducted heating system).

ActewAGL Energy Shop will claim a rebate from Actew Distribution fortheamount of the discount provided to the Eligible Customer.

The terms and conditions determined and published by Actsw Distribution willmake it clearthatthe promotion is limited to the first 400 Eligible Customerstoclaim the discount(whether from ActewAGL Energy Shop or anotherparticipating retailer),


Class or classes of persons to which the conduct relates:(Rel'er to direction 51

The classes of persons to which the conduct relates are acquirers or potentialacquirers of natural gas appliances and natural gas connections in the Canberra,Quoanbeyan, Bungendore andNowra areas,

3.

(a)

11300450 I Page 2 of6

.

(b) Number of thosepersons:

co At presenttime:

Nil, It is proposed that the offer will be made for a defined period of time(between 11 February 2013 and 31 May 2013) and to a limited number ofpersons,

(it) Estimated within the nextyear:(:RiÎer to direction 6.1


(c) Where number of persons stated in item 3 (b) co is less than 50, theirnames and addresses:

N/A


(a) Argumentsinsupportofnotification:,RE;lit2r to direciion 7:1


o reducing the cost for customers in acquiring gas appliances, andproviding greater value in obtaining a new, or upgrading an existing,gas connection;

improving the value of the gas appliance and installation servicesprovided by ActewAGL Energy Shop;

. increasing demand for. natural gas appliances (and potentially gasconnections) in the local area, which will in turn promote greatercompetition between retailers; and

. encouraging other retailers and energy distributors to respond withfurther unique promotional offerings which will, in tuin, create greateropportunities for product differentiation and increased value and choicefor consumers,

Increases in the quality and value of services, and the promotion ofcompetition, product diff^rentiation, and customer choice are all matters thatthe ACCC has previously accepted as involving benefits to the public,

(b) Facts and evidence relied upon in supportofthese claims:


4.

.

1/300450 I Page3 of6

.

5, Market definition

Provide d descrjp!ion of!he market(s) in which Ihe goods or services described at2 to) are $2, PPI^^d or o091/1'red grid other qff'ecied markets including. ' signjficQ?21suppliers ond acquirers, , substitutes availoble/br the relevonigoods or services,ally resinciion o17 the SIPp!y or doqt!13/110n offhe relevant goods or services d'orexomp!e geographic or legal resinc!ions).'(Refer 10 direc!ion 8)

ActewAGL Energy Shop considersthatthe relevant markets include:

. markets for'the supply and distribution of gas in the ACT Queanbeyan,Bungendore andNowra areas; and

. markets forthe retailsupply of gas appliances to consumers in the ACTQueanbeyan, Bungendore andNowra areas.

Public detriments

Detriments to the public resulting or 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 mai. kets:

(Re;Ier 10 direction 9)

ActewAGL Energy Shop considers that the notified conduct will not result in,or lead to, any discernible detriment to the public, In particular:

. the notified conductis pro-Competitive. It will providebenefits andfurther choice for consumers, and is likely to facilitate an increaseddemand for natural gas appliances and gas connections;

. the promotion does notrequirecustomerseitherto acquire (orupgrade)a natural gas connection from Actew Distribution or to acquire gasappliances from ActewAGL Energy Shop. Rather, the promotionprovides Eligible Customers with the opportunity to acquire lowerpriced gas appliances if they choose to do so, The relevant gasappliances will continue to be separately available to customers who donot wish to acquire a natural gas connection;

o the notified conduct relates only to a short-term promotionalarrangement by Actew Distribution that is available to a limitednumber of customers. The promotion will be available only tocustomers who acquire a gas connection or upgrade from ActewDistribution On limited geographic areas) during the period11 February 2013 and 31 May 2013. It will also be limited to the first400 Eligible Customers to claim the discount (wheth^. fromActewAGL Energy Shop or another participating retailer); and

. the notified conduct does not prevent other retailers from offeringdiscounted products and seivices. To the contraiy, the conduct is likelyto encourage other. retailers to respond with differentiated offeringswhich will provide greater benefits to consumers'

6.

(a)

11300450 I Page4 of6

(b) Factsa"d evidence relevantto thesedetrime"ts:

Please see section 6(a) above,

Further information


7,

Contact: TornBarronDirector

ActewAGL Energy Shop100 Gladstone Street

Fyshwick ACT2609

Telephone (02) 13 22 45

Ms MeIanie Wade

Senior Legal Counsel, AcrewAGL DistributionActewAGL House40 Bunda Street

Canberra ACT 2600

Telephone: (02) 6248 3892

Copy:

Dated. ... ....^:^:. ..^. e!-::\Y!9, ...., ....:^-^!;!!;^,,,......,....Signed yonb Ifofthea Iicant

........,...,., ,,.,........,.,,..,.,.,*,,....,*,........,,..................

(Signatu e)

L, !,,,. I,(FullName

................. . ........... ..,,,,..,.,,,,,,,,,........,................

i^,,,(Position in Organisation)...................................,............,.,..,,,,.....,,............

.S" ^ ^ ^^Î^ ,s,2 2 JAN 20/3

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1/300450 I

.

Page 5 of6

.


Competition onof Consumer, 4c!2010-subseciion 93 (1)NOTIFICATIONOFEXCLUSIVlBDEALING


Notice is hereby given, in accordance with subsection 93 (1) of the Competition ondConsumer, 40t 2010, of particulars of conduct or of proposed conduct of a kind referred tosubsections 47 (2), (3), (4), (5), (6), (7)* (8) or (9) of that Act in which the person givingnotice engages or proposes to engage.PLEASEFOLLOWDIRECTIONS ONBACKOFTHISFORM

I. Applicant

(a) Nameofperson giving notice:(Rel'er 10 direc!ion 2)

Scandia Air Conditioning and Heating Pty Limited (ACN 056 286 027)("Scandia Air Conditioning and Heating")

(b) Short description of business carried o11by that person:(Refer to direction 3)

Scandia Air Conditioning and Heating is a retail supplier of electric and naturalgas heating, cooling and hot water products and related installation services inthe Australian Capital Territory and surrounding areas.


David KGllyDirector

Scandia Air Conditioning and Heating7164 Wollongong StreetFyshwick ACT 2609


(a) Description of the goods or services in I'elation to the supply or acquisitionof which this notice relates:

The notified conductis in respect of goods and services supplied by:

. ScandiaAirConditioningandHeating, including the supply andinstallation of natural gas appliances; and

ActewAGL Distribution Partnership (ABN 76 670 568 688), apartnership between ACTEW Distribution Limited (ACN 073 025 224)and IemenaNetworks(ACT) Pty Ltd (ACN 008 552 663)("ActewDistribution"), including the supply of household natural gas andnatural gas connections in selected areas of Canberra, Queanbeyan,Bungendore andNowra.

Form G

co^^^,^!^"'^^^^'I^^^8^,2 2 JAW 1/13

^..

.

1/304585 2 Page I of6

bblan

Typewritten Text

N96532

(b) Description of the conduct or proposed conduct:(Refer to directibiz 4)

The notified conductinvolves a promotion to be implemented by ActewDistribution separately through a number of retailers in the Canberra area,including Scandia Air Conditioning and Heating.

The promotion involves Scandia Air Conditioning and Heating offering tosupply certain gas appliances at a discounted price to customers who:

acquire a new natural gas connection from Actew Distribution between11 February 2013 and 31 May 2013 in an area where natural gas isavailable but not yet connected in selected areas of Canberra,Queanbeyan, BungendoreorNowra; or



When an Eligible Customer acquires a natural gas space heater or a centralducted gas heating system from Scandia Air Conditioning and Heating,Scandia Air Conditioning and Heating will provide the customer with adiscount of either $800.00 or $400.00 off Scandia Air Conditioning andHeating's retail price, depending on:

o whether ornotthe Eligible Customer is a new customer or existingcustomer of Actew Distribution; and

. the type of heating systemtheEligibleCustomeracquires(spaceheateror gas ducted heating system).

Scandia Air Conditioning and Heating will claim a rebate from ActewDistribution for'the amount of the discount provided to the Eligible Customer.

The terms and conditions determined and published by Actew Distribution willmake it clearthatthe promotion is limited to the first 400 Eligible Customerstoclaim the discount(whether from Scandia Air Conditioning and Heating oranother participating retailer).


Class or classes of persons to which the conduct relates:(R<187 to direction 5)


.

3.

(a)

11304585 2 Page 2 of6


(i) At presenttime:


(ii) Estimated within the next year:(Refer 10 direction 611


Where number of persons stated in item 3 (b) (i) is less than 50, theirnames and addresses:

N/A


Arguments in support of notification:(Rel'e}' to direciion 7:1

The notified conduct involves a promotion that will provide greater value andchoice for customers that acquire a new, or upgrade an existing, natural gasconnection, The public benefits associated with the notified conduct include:

o reducing the cost for customers in acquiring gas appliances, andproviding greater value in obtaining a new, or upgrading an existing*gas connection;

. improving the value of the gas appliance and installation servicesprovided by Scandia Air Conditioning and Heating;


. encouraging other retailers and energy distributors to respond withfurther unique promotional offerings which will, in turn, create greateropportunities for product differentiation and increased value and choicefor consumers,

Increases in the quality and value of services, and the promotion ofcompetition, product differentiation, and customer choice are all matters thatthe ACCC has previously accepted as involving benefits to the public.



(c)

4.

(a)

(b)

1/304585 2 Page 3 of6

q


Provide o descrjp!ion of!he inorket(;S) in which the goods or services described o12 (a) are SMPptied or acqwired and other of'eeled markets including. ' sign!/icon!SI{PPIiers ond acquirers, ' SI, bstitz{tos Qvoiloble/or !he 7,818vni?! goods or services, 'any resinciion o17 Ihe supply or acquisition of/he relevant goods or services 0161example geogrqphic or legal restrictio"$).'(Re:/*gr 10 direction 8)

Scandia Air Conditioning and Heating considers that the relevant marketsinclude:

. markets forthe supply and distribution of gas in the ACT Queanbeyan,Bungendore and Nowraareas; and

. markets forthe retailsupply of gas appliances to consumers in the ACTQuoanbeyan, Bungendore andNowra areas.

Public derriments

Derriments to the public resulting or likely to result from the notification,in particulai. 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:

(:Refer 10 direction 9)

Scandia Air Conditioning and Heating considers that the notified conduct willnot result in, or lead to, any discernible detrimentto the public. In particular:

. the notified conductis pro-Competitive, It will provide benefits andfurther choice for consumers, and is likely to facilitate an increaseddemand for natural gas appliances and gas connections;

. the promotion does notrequirecustomers either to acquire(orupgrade)a natural gas connection from Actew Distribution or to acquire gasappliances from Scandia Air Conditioning and Heating. Rather, thepromotion provides Eligible Customers with the OPPoitunity to acquirelower priced gas appliances ifthey choose to do so. The relevant gasappliances will continue to be separately available to customers who donot wish to acquire a natural gas connection;

. the notified conduct relates only to a short-term promotionalarrangement by Actew Distribution that is available to a limitednumber of customers. The promotion will be available only tocustomers who acquire a gas connection or upgrade from ActewDistribution (in limited geographic areas) during the period11 February 2013 and 31 May 2013. It will also be limited to the first400 Eligible Customers to claim the discount (whether from ScandiaAir Conditioning and Heating or another participating retailer); and

o the notified conduct does not prevent other retailers from offeringdiscounted products and services. To the contrary, the conduct is likelyto encourage other retailers to respond with differentiated off^ringswhich will provide gi. eater benefits to consumers,

6,

(a)

1/30458s 2 Page 4 of6

(b) Factsa"d evidence relevanttothesedetriments:


Further information


7,

Contact: David KellyDirector

Scandia Air Conditioning and Heating41 64 Wollongong StreetFyshwick ACT 2609

Telephone: (02) 6239 2100

Ms MeIanie Wade

Senior Legal Counsel, ActswAGL DistributionActewAGL House

40 Bunda Street

Canberra ACT 2600

Telephone: (02) 6248 3892

Copy:

Signed by/o half fhe PIicant

.......,,.^;!e, , ?!^,..... L, ^^,^.^..................................(FullName

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(Signature)

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1/304585 2 Pages of6

*


Competition grid Consumer Act 2010-subsection 93 (1)NOTIFICATIONOFEXCLl. ISIVEDEALING


Notice is hereby given, in accordance with subsection 93 (1) of the Competition Q"dConsi!merAc! 2010, of particulars of conduct or of proposed conduct of a kind referred tosubsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) of that Act in which the person givingnotice engages or proposes to engage.PLEASEFOLLOWDIRECTIONSONBACKOFTHTSFORM

I. Applicant

(a) Nameofpersongivingnotice:(Refer 10 direction 2)

Veetemp AUStralasia Pty Limited (ACN 074 634 736)trading as VeetempHeating and Air Conditioning ("Veetemp Heating and Air Conditioning")

(b) Short description of business carried on by that person:(Rel'er to dirge!ion 3)

Veetemp Heating and Air Conditioning is a retail supplier of electric, naturalgas heating and cooling products and related installation services in theAustralian Capital Territory and surrounding areas.


Amy MaieticOffice ManagerVeetemp Heating and Air Conditioning2141 Tennant Street

Fyshwick ACT 2609




. VeetempHeatingandAirConditioning, including the supply andinstallation of natural gas appliances; and

. ActewAGL Distribution Partnership(ABN76670568688), apartnership between ACTEW Distribution Limited (ACN 073 025 224)and 16menaNetworks(ACT) Pty Ltd (ACN 008 552 663) C'ActewDistribution"), including the supply of household natural gas andnatural gas connections in selected areas of Canberra, Queanbeyan,Bungendore andNowra.

Form G

con^^,^^M^Î\Î^!8"2 2 JAN 2013

..,,

1/304659 I Page I of6

bblan

Typewritten Text

N96533

(b) Description of the conduct or proposed conduct:(Re!Ier 10 direction 4)

The notified conductinvolves a promotion to be implemented by ActewDistribution separately through five retailers in the Canberra area, includingVeetemp Heating and Air Conditioning,

The promotion involves Veetemp Heating and Air Conditioning offering tosupply certain gas appliances at a discounted price to customers who:

acquire a new natural gas connection from Actew Distribution between11 February 2013 and 3 I May 2013 in an area where natural gas isavailable but not yet connected in selected areas of Canberra,Queanbeyan, BungendoreorNowra; or



When an Eligible Customer acquires a natural gas space heater or a centralducted gas heating system from Vestemp Heating and Air Conditioning,Veetemp Heating and Air Conditioning will provide the customer with adiscount of either $800.00 or $400.00 offVeetemp Heating and AirConditioning's retail price, depending on:

. whether ornottheEligible Customer is anewcustomerorexistingcustomer of Actew Distribution; and

. the typeofheatingsystemtheEligibleCustomeracquires(spaceheateror gas ducted heating system),

Veetemp Heating and Air Conditioning will claim a rebate from ActswDistribution forthe amount of the discount provided to the Eligible Customer.

The terms and conditions datemiined andpublished by Actsw Distribution willmake it clearthatthe promotion is limited to the first 400 Eligible Customerstoclaim the discount(whether from Veetemp Heating and Air Conditioning oranother participating retailer).

Persons, or classes of persons, affected o1.1ikely to be affected by the notifiedconduct

Class or classes of persons to which the conduct relates:(Rel'er to di7ec!ion 5)

The classes of persons to which the conduct relates are acquirers or potentialacquirers of natural gas appliances and natural gas connections in the Canberra,Queanbeyan, Bungendoreand Nowra areas.

.

3.

(a)

1/304659 I Page 2 of6

.


(i) At presenttime:

Nil. It is proposed that the offer will be made for. a defined period of time(between 11 February 2013 and 31 May 2013) and to a limited number ofpersons.

(ii) Estimated within the nextyear:(RE:/'er 10 direcii0}I 6.1

Approximately 400 persons,

Where number of persons stated in item 3 (b) (i) is less than 50, theirnames and addi, esses:

N/A


Arguments in support of notification:(Refer to direction 7:1



. improving the value of the gas appliance and installation servicesprovided by Veetemp Heating and Air Conditioning;


. encouraging other retailers and energy distributors to respond withfinther unique promotional offerings which will, in turn, create greateropportunities for product diff;arentiation and increased value and choicefor consumers,

Increases in the quality and value of services, and the promotion ofcompetition, product differentiation, and customer choice are all matters thatthe ACCC has previously accepted as involving benefitsto the public.



(c)

4.

(a)

(b)

1/304659 I Page3 of6

,


Provide a description of the market(s) in which the goods or servz'o8s described at2 (0) ure SIIpptred or ocqz!ired and other of*ec!ed markets incl"ding. . sign;ficaiz!SMPpfiers and acqt!irers, ' substitutes available/br Ihe relevant goods or services, .any restrictibi? on the supply or acq"isinon of!he relevant goods or services dorexQmple geographic or lego/ resinc/ion. ^, I:11R<Ier to direction 8)

Veetemp Heating and Air Conditioning considers that the relevant marketsinclude:

o markets forthe supply and distribution of gas in the ACT Queanbeyan,Bungendore and Nowra areas; and

. markets forthe retailsupply of gas appliances to consumers in the ACTQueanbeyan, BungondoreandNowra areas.

Public detriments

Derriments to the public resulting or likely to result from the notification,in particular the likely effect of the notified conduct on the prices of thegoods o1. services described at 2 (a) above and the prices of goods orservices in other affected markets:

(R, :/'er to direction $11

Veetemp Heating and Air Conditioning considers that the notified conduct willnot result in, or lead to, any discernible detriment to the public. In particular:

. the notified conductispro-competitive. It will providebenefits andfurther choice for consumers, and is likely to facilitate an increaseddemand for natural gas appliances and gas connections;

. the promotion does notrequirecustomerseithertoacquire (orupgrade)a natural gas connection from Actew Distribution or to acquire gasappliances from Veetemp Heating and Air Conditioning. Rather, thepromotion provides Eligible Customers with the opportunity to acquirelower priced gas appliances ifthey choose to do so. The relevant gasappliances will continue to be separately available to customers who donot wish to acquire a natural gas connection;

. the notified conduct relates only to a short-term promotionalarrangement by Actew Distributionthat is available to a limited numberof customers. The promotion will be available only to customers whoacquire a gas connection or upgrade from Actew Distribution (inlimited geographic areas) during the period 11 February 2013 and31 May 2013. It will also be limited to the first 400 Eligible Customersto claim the discount (whether from Veeremp Heating and AirConditioning or another participating retailer); and

o the notified conduct does not prevent other retailers from offeringdiscounted products and services. To the contrary, the conduct is likelyto encourage other retailers to respond with differentiated offeringswhich will provide greater benefits to consumers'

6.

(a)

1/304659 I Page 4 of6

(b)

7.

Facts and evidence relevant to these derriments:


Further information

Name, postal address and contact telephone details of the personauthorised to provide additional information in relation to thisnotification:

(a)

Contact: Amy MaieticOffice ManagerVeetemp Heating and Air Conditioning2141 Tennant Street

Fyshwick ACT2609

Telephone: (02) 6280 9006

Copy: Ms MeIanie Wade

Senior Legal Counsel, ActswAGL DistributionActewAGL House

40 Bunda Street

Canberra ACT 2600

in, i, ^."11.11. ,.,~,,,,,~~~~~~~~~~~~~~~~~~~Telephone: (02) 6248 3892

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(Position in Organisation)

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1/304659 I Page 5 of6

Documents

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