Australian Competition & Consumer Commission

GPO Box 3131 Canberra ACT 2601

23 Marcus Clarke Street Canberra ACT 2601

Our Ref: Contact Officer:

46473 Pamela Cue

tel: (02) 6243 1111 fax: (02) 6243 1199

Contact Phone: 02 6243 1066 www.accc.gov.au

~ August 2011

Dear Sir I Madam

Coles Supermarkets Australia Pty Ltd third line forcing notification N95488 - interested party consultation

The Australian Competition and Consumer Commission (ACCC) received a third line forcing notification from Coles Supermarkets Australia Pty Ltd (Coles).

The purpose of this letter is to provide you with an opportunity to comment on Coles' current third line forcing notification. Attached for your information is a summary of the notification process, including how to make a submission to the ACCC.

The notification process

Notification provides protection from legal action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010 (the Act). Broadly, the ACCC may allow a third line forcing notification to stand ifit is satisfied that the likely benefit to the public arising from the conduct will outweigh the likely detriment to the public arising from the conduct.

The protection afforded by a third line forcing notification arises 14 days after the notification is lodged with the ACCC. The ACCC may revoke a third line forcing notification at any time if it determines that the conduct to which the notification relates no longer delivers a net public benefit.

Notification N95488 lodged by Coles

Coles operates retail supermarkets throughout Australia for the supply of grocery products to consumers

On 26 July 2011, Coles lodged notification N95488 with the ACCC. Under the notification, Coles proposes to require prospective third party suppliers to undergo an occupational health and safety (OHS) risk assessment with Noel Arnold & Associates, in order to be considered as part of its tender process for the supply of products and services to Coles.

Coles also proposes to require suppliers who have been selected as suppliers to Coles to undergo an annual update of this OHS risk assessment with Noel Arnold & Associates in order to continue supplying products and services to Coles.

A full copy of the notification is attached and is also available on the ACCC's website www.accc.gov.au/[ xclusiveDcalingRegistcr and by following the links to this matter. Alternatively, you can contact the ACCC to obtain a hard copy of the notification.

Request for submissions

To assist the ACCC in its consideration of the notification, the ACCC invites you to make a submission on the likely public benefits and effect on competition, or any other public detriment, arising from the proposed conduct.

Submissions can be emailedtoadjudication@accc .gov.auorpamela.cue@accc .gov. au. If you would like to provide comments orally, please contact Pamela Cue on 02 6243 1066 to arrange a time to do so.

Please note that any submissions will be placed on the ACCC's public register subject to any request for exclusion (guidelines are attached).

If you intend to provide a submission in relation to Coles ' third line forcing notification, please do so by 5 September 2011.

Timetable

The ACCC will progress its assessment of the application in a timely manner. An indicative timetable is set out below for your information.

26 July 2011 Lodgement of notification.

S August 2011 Public consultation process begins.

5 September 2011 Closing date for submissions from interested parties.

September 2011 Coles has opportunity to respond to issues raised in the public consultation process.

September / October 2011

ACCC assessment of notification.

Please advise if you do not wish to make a submission at this time, but would like to be informed of the progress of the notification. If you are able to, please provide a nominated contact email address for future correspondence.

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You can also forward this letter to any other party who may wish to make a submission to the ACCC regarding the notification.

This letter has been placed on the ACCC's public register. If you wish to discuss any aspect of this matter, please do not hesitate to contact Pamela Cue on 02 6243 1066.

Yours sincerely

Dr Richard Chadwick General Manager Adjudication Branch

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Interested Party List

Suppliers

1. Amott's Snackfoods Limited 33. Reckitt Benckiser

2. Australian Egg Corporation Limited 34. Regal Cream Products

3. Campbell Amott's 35. San Remo

4. Cerebos Foods 36. Sanitarium Health Food Co

5. Clorox 37. Simplot

6. Clynes Foods 38. SPC Ardmona

7. Colgate-Palmolive 39. Sunbeam Foods

8. Dairy Farmers 40. Sun rice

9. Farm Pride Foods 41. Tassal Group Ltd

10. Ferrero Aust 42. Australian Produce Brokers

11. F onterra Brands 43. The Coca-Cola Company

12. George Weston Foods 44. The Smith's Snackfood Co

13. GlazoSmithKline 45. Unilever

14. Golden Circle 46. Valcorp Fine Foods

15. Goodman Fielder 47. VIP Petfoods

16. HJ Heinz 48. Weight Watchers

17. Ingham Enterprises 49. Schweppes

18. Johnson & Johnson

19. Kellogg

20. Kimberly Clark

21. Kraft Foods

22. L'oreal Australia

23. MasterFoods ANZ

24. McCain Foods

25. Murray Goulbum Co-Op

26. National Foods

27. Nestle

28. P & M Quality Smallgoods

29. Parmalat

30. Patties Bakery

31. Procter & Gamble

32. Pure & Natural Beverages

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1. Australian Consumers' Association I . Work Australia (CHOICE) 2.

2. AUSVEG 3. OHS Assessments 3. Baking Industry Association (NSW

Employers)

4. Chamber of Fruit & Vegetable Industries

5. Dairy Industry Association of Australia

6. Meat and Livestock Australia

7. National Baking Industry Association

8. National Fanners' Federation

NSW Farmers Association

10. Rice Growers Association of Aust

11. Sydney Markets Limited

The Australian Chamber ofFruit

13. The Australian Chamber of

14. Institute of Australia Ltd

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