ACCC requests for information
30 May 2024
Background
On 1 February Treasurer Jim Chalmers directed the Australian Competition and Consumer Commission (ACCC) to conduct a comprehensive price inquiry into the supermarket sector, as per subsection 95H of the Competition and Consumer Act 2010 (Act).
The inquiry will examine the pricing practices of the supermarkets, the degree and type of competition at each tier of the market, as well as the factors and considerations affecting costs and prices throughout the supply chain. (Please see the issues paper for further details.)
The ACCC will present an interim report by 31 August 2024 followed by a final report by 28 February 2025.
ACCC’s information gathering powers
Given the scope of the inquiry, which delves into competition across the end-to-end food supply chain, it is likely that some members will be approached by the ACCC to provide information about their commercial dealings with suppliers and customers, including details on prices, costs, margins and other relevant data.
Under Section 155 (s.155) of the Act, the ACCC has legal powers to gather information necessary to carry out its functions. If you or your business receive a s.155 notice, it is important that you read the covering letter and the entire notice as it will contain information outlining your legal obligations, the matter it relates to, the information or documents you are required to provide and the deadlines for doing so.
By law, you are obligated to comply to the notice. You have the option to seek legal assistance in formulating your response and it is essential to provide the requested information and documents by the due date, providing thorough and honest answers.
Failure to comply with a notice by the due date can result in fines or imprisonment and providing false or misleading information to the ACCC can constitute a criminal offense and may lead to prosecution. Should legitimate circumstances prevent you from complying with the notice by the due date, we advise that you promptly contact the relevant ACCC officer. If applicable, you may be requested to attend an oral examination at the place, date, and time stated in the notice.
Upon receipt of your response, the ACCC will acknowledge its receipt and may reach out if additional information is needed.
You can find FAQs and examples of s.155 notices in the ACCC’s Section 155 notices. A basic guide for individuals and small businesses.
For a detailed guideline on the compulsory information-gathering powers under s.155 please refer to ACCC guidelines- use of s.155 powers.
The AFGC will continue to support members by advocating for the industry’s interests with key stakeholders. For further information, please don’t hesitate to contact the Secretariat.
TANYA BARDEN OAM
CHIEF EXECUTIVE OFFICER
