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Judge Questions ACCC Case on Coles’ ‘Down Down’ Discounts in Closing Submissions

The court pressed the competition watchdog to specify what the pricing tickets actually told shoppers.

Overview

  • Justice Michael O’Bryan interrupted the ACCC’s closing, noting that key consumer representations about a ‘genuine discount’ and a ‘good deal’ were not pleaded, and asked whether the case must therefore fail.
  • The ACCC argues Coles briefly raised prices on everyday items before promotions so the Down Down price appeared to be a discount from a regular price when it was not.
  • O’Bryan pointed to evidence of supplier cost increases and joint funding of discounts and suggested the promotion prices may still be a good deal, underscoring the Commission’s burden to prove no genuine saving.
  • Coles maintains its tickets were accurate and the reductions were real, saying price rises reflected inflation and supplier pressures while disputing the ACCC’s notion of a single regular price.
  • Evidence included internal policy changes and admissions that some promotions broke Coles’ own guidelines, with references to competitive pressure with Woolworths; the hearing continues.