Footnotes

Summary and recommendations

[1]        Mr Rod Sims, Chairman, Australian Competition and Consumer Commission, Committee Hansard, 6 October 2011, p. 41.

Chapter 1 - Introduction

[1]        The prices of Coles brand 3 litre bottles of milk were also reduced to $3. Additionally, Coles consolidated the two generic brands of milk products it previously sold into one brand.

[2]        Coles, 'Because we all buy milk: Coles cuts the price to help shoppers save', Media release, 26 January 2011.

[3]        On 3 February 2011, Coles also announced reductions in the prices of other dairy products, namely Coles brand butter and cream. Coles, 'Coles cuts more prices across the store to help customers save – Butter, cream and olive oil "Down Down" and staying down!', Media release, 3 February 2011.

[4]        On 27 January 2011, Woolworths' spokesperson Claire Buchanan was reported to state 'this is certainly not a sustainable price level for milk and it will inevitably lead to pressure at the farm gate'. Paddy Hintz, 'Supermarket war between Coles and Woolworths cuts milk price', Courier Mail, 27 January 2011, www.couriermail.com.au/lifestyle/supermarket-war-cuts-milk-price/story-e6frer4f-1225995314655 (accessed 22 February 2011).

[5]        Woolworths, Submission 98, p. 2.

[6]        Australian Dairy Industry Council, Submission 96, p. 10.

[7]        Australian Dairy Industry Council, Submission 96, pp. 11, 15.

[8]        Senate Economics References Committee, The impacts of supermarket price decisions on the dairy industry: Second Interim Report, May 2011, p. 64.

[9]        Coles, Submission 131, p. 16.

[10]      Coles, 'Coles brand milk prices to stay Down Down', Media release, 25 July 2011.

Chapter 2 - Overview of Australia's dairy industry

[1]        Dairy Australia, Australian Dairy Industry in Focus 2010, p. 9.

[2]        Dairy Australia, Dairy 2011: Situation & Outlook, May 2011, p. 8.

[3]        Dairy Australia, Dairy 2011: Situation & Outlook, May 2011, p. 30.

[4]        Dairy Australia, Australian Dairy Industry in Focus 2008, p. 3.

[5]        Murray Goulburn, 'Murray Goulburn Co-Operative (MG) announces final step-up in farmgate milk price for 2010/11 season', Media release, 6 July 2011.

[6]        Dairy Australia, Dairy 2011: Situation & Outlook, May 2011, p. 3.

[7]        For example, Murray Goulburn's opening price equates to a weighted average of $4.90 per kilogram of milk solids, compared to the opening price of $4.75 for 2010–11.

[8]        Dairy Australia, Australian Dairy Industry in Focus 2010, pp. 11–12.

[9]        Dairy Australia, Australian Dairy Industry in Focus 2010, p. 12.

[10]      House of Commons Environment, Food and Rural Affairs Committee (UK), EU proposals for the dairy sector and the future of the dairy industry, eighth report of session 2010–12, 13 July 2011, vol. I, p. 6.

[11]      Dairy Australia, Australian Dairy Industry in Focus 2010, p. 17.

[12]      Australian Dairy Farmers, answer to question on notice, 8 March 2011 (received 28 March 2011), pp. 2–3.

[13]      Dairy Australia, Dairy 2011: Situation & Outlook, May 2011, p. 5.

[14]      National Foods initially offered the Tasmanian Suppliers Collective Bargaining Group a farm gate price of 29 cpl (later increased to 33 cpl); an offer that was a significant decrease on the price of 49 cpl in place for the previous year. See Senate Economics References Committee, Milking it for all it's worth—competition and pricing in the Australian dairy industry, May 2010, p. 69.

[15]      Dairy Australia, Dairy 2011: Situation & Outlook, May 2011, p. 47.

[16]      Mr Brian Tessmann, President, Queensland Dairyfarmers' Organisation, Committee Hansard, 8 March 2011, p. 81.

[17]      Mr Adrian Peake, Chief Executive Officer, Queensland Dairyfarmers' Organisation, Committee Hansard, 8 March 2011, p. 85.

[18]      Mr Adrian Peake, Chief Executive Officer, Queensland Dairyfarmers' Organisation, Committee Hansard, 8 March 2011, pp. 85–6.

[19]      Australian Bureau of Agricultural and Resource Economics and Sciences, Australian farm survey results: 2008–09 to 2010–11, April 2011, p. 16.

[20]      Australian Dairy Farmers, Submission 150, p. 4.

[21]      Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, July 2008, p. 230.

[22]      Senate Economics References Committee, Milking it for all it’s worth—competition and pricing in the Australian dairy industry, 13 May 2010, pp. 33–4.

[23]      Senate Economics References Committee, Milking it for all it’s worth—competition and pricing in the Australian dairy industry, 13 May 2010, p. 35. However, during this inquiry the committee heard evidence that some fresh milk is imported from New Zealand which is used in some specialised milks: Mr Christopher Phillips, General Manager, Trade and Strategy, Dairy Australia, Committee Hansard, 8 March 2011, p. 14.

[24]      Queensland Dairyfarmers' Organisation, Submission 94, p. 13.

[25]      Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, July 2008, p. 230.

[26]      Mr Christopher Phillips, General Manager, Trade and Strategy, Dairy Australia, Committee Hansard, 8 March 2011, p. 11.

[27]      Freshlogic, Northern dairy industry regional industry outlook update: June 2011, p. 11.

[28]      Queensland Dairyfarmers' Organisation, Submission 94, p. 14.

[29]      Australian Dairy Industry Council, Submission 96, p. 12.

[30]      Australian Dairy Industry Council, Submission 96, p. 4.

[31]      On 22 February 2010, the ACCC commenced a review of the proposed acquisition. The ACCC released a Statement of Issues in April which raised certain preliminary competition concerns with the proposed transaction. On 2 June 2010 Murray Goulburn announced that it would not proceed with the acquisition and the ACCC consequently ceased its review.

[32]      Dairy Australia, Dairy 2011: Situation and Outlook, May 2011, p. 38.

[33]      Senate Economics References Committee, Milking it for all it's worth—competition and pricing in the Australian dairy industry, May 2010, p. 35.

[34]      Mr Mark Pearson, Executive General Manager, Regulatory Affairs, Australian Competition and Consumer Commission, Committee Hansard, Inquiry into competition and pricing in the Australian dairy industry, 18 January 2010, p. 80.

[35]      Mr Stephen Bartos and Dr Alistair Davey (Sapere Research Group), An overview of the Australian dairy industry, March 2011, p. 11; provided by Coles, answer to question on notice, 29 March 2011 (received 19 April 2011).

[36]      Dairy Australia, Australian Dairy Industry in Focus 2010, p. 26.

[37]      Fonterra Australia, Submission 81, p. 2; Freehills, 'Freehills advises Archer Capital on the acquisition of Brownes dairy and juice business', www.freehills.com.au/7029.aspx (accessed 9 April 2011).

[38]      The ABC reported in late December 2010 that 47 dairy farmers in south west WA were owed over $4 million for unpaid milk: ABC Rural, 'Christmas payments to Challenge dairy farmers', 22 December 2010, www.abc.net.au/rural/wa/content/2010/12/s3099694.htm (accessed 23 February 2011).

[39]      Australian Dairy Farmers, Application for revocation of a non-merger authorisation and substitution of a new authorisation, authorisation A91263. p. 2 www.accc.gov.au/content/trim
File.phtml?trimFileTitle=D11+360556.pdf&trimFileFromVersionId=1001407&trimFileName=D11+360556.pdf (accessed 11 August 2011).

[40]      National Foods, Submission 97, p. 8.

[41]      National Foods, Submission 97, p. 8.

[42]      National Foods, Submission 97, p. 14.

[43]      Amalgamated Milk Vendors Association, Submission 91, p. 1.

[44]      Dairy Australia, Dairy 2011 Situation and Outlook, February 2011, p. 6.

[45]      Coles, Submission 131, p. 12.

[46]      Coles, answer to question on notice, 29 March 2011 (received 19 April 2011), p. 6.

Chapter 3 - Private label milk in Australia

[1]        Examples include Pura, Pauls, Harvey Fresh and Canberra Milk.

[2]        IBIS World, Australia's appetite for private labels set to grow, August 2010, p. 1.

[3]        IBIS World, Australia's appetite for private labels set to grow, August 2010, p. 1.

[4]        Dairy Australia, Dairy 2011: Situation & Outlook, May 2011, p. 31.

[5]        IBIS World, Australia's appetite for private labels set to grow, August 2010, p. 2.

[6]        Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, July 2008, pp. 235–6 (footnotes omitted).

[7]        National Foods, Submission 97, p. 16.

[8]        Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 31.

[9]        Australian Dairy Farmers, answer to question on notice, 8 March 2011 (received 28 March 2011), p. 1.

[10]      Mr Pat McEntee, General Manager, Fresh Foods, Woolworths, Committee Hansard, 29 March 2011, p. 24.

[11]      Mr Ian Zandstra, Chairman, Dairy Farmers Milk Co-operative, Committee Hansard, 8 March 2011, p. 71.

[12]      Mr Adrian Peake, Chief Executive Officer, Queensland Dairyfarmers' Organisation, Committee Hansard, 8 March 2011, p. 83.

[13]      Mr Ian McLeod, Managing Director, Coles, Committee Hansard, 29 March 2011, pp. 51–52.

[14]      Committee Hansard, 6 October 2011, p. 33.

[15]      Coles, Submission 131, p. 16.

[16]      National Foods, Submission 97, p. 16.

[17]      Mr Pat McEntee, General Manager, Fresh Foods, Woolworths, Committee Hansard, 29 March 2011, p. 3; Mr John Durkan, Merchandise Director, Coles, Committee Hansard, 29 March 2011, p. 43.

[18]      Dairy Australia, Dairy 2011: Situation & Outlook, May 2011, p. 32.

[19]      Coles, 'Harvey Fresh awarded Coles Western Australian milk contract', Media release, 28 July 2011.

[20]      Mr Ian McLeod, Managing Director, Coles, Committee Hansard, 29 March 2011, p. 37.

[21]      The comparisons were based on milk sold in Victoria. See Coles, document tabled at 29 March 2011 hearing, appendix VII.

[22]      Australian Dairy Farmers, answer to question on notice, 8 March 2011 (received 28 March 2011), p. 16.

[23]      Mr Ian McLeod, Managing Director, Coles, Committee Hansard, 29 March 2011, p. 53.

[24]      CHOICE, Milk products review, 10 September 2009, www.choice.com.au/reviews-and-tests/food-and-health/food-and-drink/beverages/milk-products-compared.aspx (accessed 2 March 2011). This study was also noted by the South Australian Dairyfarmers' Association in their response to a written question on notice related to differences in specifications.

[25]      Coles, Submission 131, p. 11.

[26]      Mr Ian McLeod, Managing Director, Coles, Committee Hansard, 29 March 2011, p. 49.

[27]      National Foods noted that at the time of their hearing it was too early to update these figures to reflect shifts from branded milk to generic as a result of the retail price discounts: Mr Duncan Makeig, Group Sustainability Director and General Counsel, National Foods, Committee Hansard, 9 March 2011, p. 63.

[28]      Mr Duncan Makeig, Group Sustainability Director and General Counsel, National Foods, Committee Hansard, 9 March 2011, p. 67.

[29]      Lion Dairy & Drinks, Submission 159, p. 4.

[30]      Fonterra Australia, Submission 81, p. 1.

[31]      Mr Keith Mentiplay, Director, Technical and Business Development, National Foods, Committee Hansard, 9 March 2011, p. 73.

[32]      Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, July 2008, pp. 234–5.

[33]      See Coles, Submission 131, p. 10; Coles, 'Coles Milk Pricing Fact Sheet', www.coles.com.au (accessed 25 February 2011).

[34]      ALDI Stores, Submission 61, p. 2.

[35]      Coles, Submission 131, p. 12.

[36]      Coles, answer to question on notice, 29 March 2011 (received 19 April 2011), p. 6.

[37]      Woolworths, Submission 98, p. 2.

[38]      Woolworths, Submission 98, p. 2.

[39]      Mr Pat McEntee, General Manager, Fresh Foods, Woolworths, Committee Hansard, 29 March 2011, p. 4.

[40]      Mrs Lynne Strong, Co-owner/operator, Clover Hill Dairies, Committee Hansard, 10 March 2011, pp. 66­–7.

[41]      Mrs Lynne Strong, Co-owner/operator, Clover Hill Dairies, Committee Hansard, 10 March 2011, p. 68.

[42]      Woolworths, Submission 98, p. 3.

[43]      Mr Pat McEntee, General Manager, Fresh Foods, Woolworths, Committee Hansard, 29 March 2011, pp. 11–2.

[44]      Mr Brad Archer, Department of the Treasury, Committee Hansard, 10 March 2011, p. 5.

[45]      Professor Stephen King, Committee Hansard, 10 March 2011, p. 43.

[46]      Coles, Submission 131, p. 14.

[47]      Coles, 'Coles Milk Pricing Fact Sheet', www.coles.com.au (accessed 25 February 2011).

[48]      Coles, Submission 131, p. 10.

[49]      Mr Ian McLeod, Managing Director, Coles, letter to Senator Alan Eggleston dated 18 February 2011, Additional information 1 [p. 2].

Chapter 4 - Early impacts of the pricing decisions

[1]        Mr Keith Mentiplay, Director, Technical and Business Development, National Foods, Committee Hansard, 9 March 2011, p. 73.

[2]        Mr John Durkan, Merchandise Director, Coles, Committee Hansard, 29 March 2011, p. 67.

[3]        Professor Stephen King, Committee Hansard, 10 March 2011, p. 44.

[4]        Professor Stephen King, Committee Hansard, 10 March 2011, p. 43.

[5]        Senate Economics References Committee, Milking it for all it's worth—competition and pricing in the Australian dairy industry, May 2011, p. 13.

[6]        Dairy Australia, Dairy 2011: Situation & Outlook, May 2011, p. 33.

[7]        Dairy Farmers Milk Co-operative, Dairy Reporter: Weekly Dairy News for Members of DFMC, 16 August 2011, p. 1, www.dfmc.org.au/docs/dairyreporter16august11.pdf (accessed 18 August 2011).

[8]        Lion Dairy & Drinks, Submission 159, p. 5.

[9]        Lion Dairy & Drinks, Submission 159, p. 5.

[10]      Lion Dairy & Drinks, Submission 159, p. 7.

[11]      Lion Dairy & Drinks, Submission 159, p. 8.

[12]      Senate Economics References Committee, The impacts of supermarket price decisions on the dairy industry: Second Interim Report, May 2011, pp. 13–14.

[13]      Mr Brad Archer, Department of the Treasury, Committee Hansard, 10 March 2011, p. 12.

[14]      Associate Professor Frank Zumbo, Committee Hansard, 9 March 2011, p. 49.

[15]      Coles, Submission 131A, p. 2.

[16]      Mr Ian Zandstra, Chairman, Dairy Farmers Milk Co-operative, Committee Hansard, 8 March 2011, p. 67.

[17]      Australian Food and Grocery Council, Submission 100, p. 7.

[18]      Mr Francis Davis, Chairman, Warrnambool Cheese and Butter Factory, Committee Hansard, 8 March 2011, p. 102.

[19]      Mr Pat McEntee, General Manager, Fresh Foods, Woolworths, Committee Hansard, 29 March 2011, p. 19.

[20]      Australian Food and Grocery Council, Submission 100, p. 4.

[21]      Queensland Dairyfarmers' Organisation, Submission 94, p. 5.

[22]      Jared Lynch, 'Profit in milking health benefits', The Age, 17 August 2011; Weekly Times Now, 'a2 milk sales rise', 28 April 2011, www.weeklytimesnow.com.au (accessed 22 August 2011).

[23]      Steve Hynes, 'Rising Sungold: Plant expands to meet demand for WCB's milk', Warrnambool Standard, 14 July 2011, p. 1 (On the Land); attachment to Coles, Submission 131A.

[24]      Mr Paul Morris, Deputy Executive Director, Australian Bureau of Agricultural and Resource Economics and Sciences, Committee Hansard, 10 March 2011, p. 20. Mr Morris prefaced his remarks by noting that this information was compiled at short notice in response to evidence given during the hearing conducted the previous day, and the reliability of the information may be affected as a result.

[25]      Mr Brad Archer, Department of the Treasury, Committee Hansard, 10 March 2011, p. 17.

[26]      Mr David Reynolds, Owner-Operator, Yentrac, trading as Goolwa Foodland, Committee Hansard, 8 March 2011, p. 47.

[27]      Mr Colin Lawson, Manager, Industry Relations, Amalgamated Milk Vendors Association, Committee Hansard, 9 March 2011, p. 79.

[28]      Mr Russell Markham, Chief Executive Officer, Foodland Supermarkets, Committee Hansard, 8 March 2011, p. 51.

[29]      Mr Russell Markham, Chief Executive Officer, Foodland Supermarkets, Committee Hansard, 8 March 2011, p. 50.

[30]      APCO Service Stations, Submission 33, p. 1.

[31]      Mr Ian McLeod, Managing Director, Coles, Committee Hansard, 29 March 2011, p. 37.

[32]      Dairy UK, The White Paper: A report on the UK dairy industry, June 2010, p. 31.

[33]      Mrs Kate Carnell, Chief Executive Officer, Australian Food and Grocery Council, Committee Hansard, 10 March 2011, pp. 37–38.

[34]      Lion Dairy & Drinks, Submission 159, p. 7.

Chapter 5 - Impact of the retail price cuts at the farm gate

[1]        Mr John Cummings, Chairman, National Association of Retail Grocers of Australia, Committee Hansard, 9 March 2011, p. 2.

[2]        Mr John Cummings, Chairman, National Association of Retail Grocers of Australia, Committee Hansard, 9 March 2011, p. 4.

[3]        Lion Dairy & Drinks, Submission 159, p. 4.

[4]        Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 30.

[5]        Mr Peter Walsh, Manager, Government Relations, National Foods, Committee Hansard, 9 March 2011, p. 66.

[6]        Mr Pat McEntee, General Manager, Fresh Foods, Woolworths, Committee Hansard, 29 March 2011, p. 3; Mr John Durkan, Merchandise Director, Coles, Committee Hansard, 29 March 2011, p. 43.

[7]        National Foods, Submission 97, p. 17.

[8]        Dairy Farmers Milk Co-operative, Letter to suppliers, 1 August 2011, www.dfmc.org.au/docs/
Letter%20to%20Suppliers%20re%20Parmalat%20and%20Woolworths%20Milk%20Offtake.pdf (accessed 23 August 2011).

[9]        Clover Hill Dairies, Submission 53, p. 2.

[10]      Queensland Dairyfarmers' Organisation, Submission 94B, p. 20.

[11]      Mr Brian Tessmann, President, Queensland Dairyfarmers' Organisation, Committee Hansard, 8 March 2011, p. 89.

[12]      Mr Adrian Drury, Vice President, Australian Dairy Farmers, Committee Hansard, 8 March 2011, p. 11.

[13]      Queensland Dairyfarmers' Organisation, Submission 94B, p. 18.

[14]      Australian Dairy Farmers, Submission 150B, p. 15.

[15]      Coles, Submission 131A, p. 3.

[16]      Murray Goulburn, 'Murray Goulburn Co-Operative forecasts solid farmgate returns as it releases opening prices to its dairy farmer supplier-shareholders', Media release, 29 June 2011. Opening prices can be increased through 'step-ups' throughout the year.

[17]      Dairy Australia, Dairy 2011: Situation & Outlook, May 2011, p. 3.

[18]      Dairy Australia, Dairy 2011: Situation & Outlook, May 2011, p. 3.

[19]      Coles, Submission 131A, p. 5. Coles submits that Bega will need to source an additional 70 million litres of milk from southern NSW and Victoria to fulfil the deal, and that it will add $30 million to the industry.

[20]      Mr Peter Walsh, Manager, Government Relations, National Foods, Committee Hansard, 9 March 2011, p. 72.

[21]      Queensland Dairyfarmers' Organisation, Submission 94B, p. 23.

[22]      Mr Christopher Griffin, Vice President, Australian Dairy Farmers, Committee Hansard, 8 March 2011, pp. 2–3.

[23]      Mr Brian Tessman, President, Queensland Dairyfarmers' Organisation, Committee Hansard, 8 March 2011, p. 84.

[24]      Australian Dairy Farmers, Submission 150B, p. 8.

[25]      Australian Dairy Farmers, Submission 150B, p. 9.

[26]      Queensland Dairyfarmers' Organisation, Submission 94B, p. 20.

[27]      Coles, Submission 131A, pp. 7–8.

[28]      Australian Dairy Farmers, Submission 150B, pp. 9–10.

[29]      NSW Farmers' Association, Submission 124A, p. 4.

[30]      Australian Dairy Farmers, Submission 150B, p. 11.

[31]      Ms Lisa Armstrong, Submission 154, pp. 1, 2.

[32]      Steve Hossen, Steve Hossen Rural Consulting, Impact of the $1.00 per litre private label milk pricing on the Western Australian dairy industry value chain (see Australian Dairy Farmers, Submission 150B, Attachment 1).

[33]      Coles, Submission 131A, p. 7.

Chapter 6 - Predatory pricing and the ACCC's investigation

[1]        Australian Competition and Consumer Commission, 'Predatory pricing (s46(1) and s46(1AA))', www.accc.gov.au/content/index.phtml/itemId/816375 (accessed 12 August 2011).

[2]        Subsection 46(4A) provides that the court may have regard to the following conduct in order to decide whether a corporation has contravened subsection (1):

• any conduct of the corporation that consisted of supplying goods or services for a sustained period at a price that was less than the relevant cost to the corporation of supplying such goods or services; and
• the reasons for that conduct.

Subsection 46(6A) provides that in determining whether, by engaging in conduct, a corporation has taken advantage of its substantial degree of power in a market, the court may have regard to any or all of the following:

• whether the conduct was materially facilitated by the corporation’s substantial degree of power in the market;
• whether the corporation engaged in the conduct in reliance on its substantial degree of power in the market;
• whether it is likely that the corporation would have engaged in the conduct if it did not have a substantial degree of power in the market; or
• whether the conduct is otherwise related to the corporation’s substantial degree of power in the market.

Subsection 46(7) provides that, for the prohibition under subsection 46(1), purpose may be inferred from the conduct of the corporation or from other relevant circumstances.

[3]        Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 19.

[4]        Australian Competition and Consumer Commission, 'Predatory pricing (s46(1) and s46(1AAA))' www.accc.gov.au/content/index.phtml/itemId/816375 (accessed 22 February 2011).

[5]        For example, paragraph 45(2)(a) of the CCA (which forms part of the provisions relating to contracts, arrangements or understandings that restrict dealings or affect competition) states 'a corporation shall not: (a) make a contract or arrangement, or arrive at an understanding, if: (i) the proposed contract, arrangement or understanding contains an exclusionary provision; or (ii) a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition...'

[6]        Prior to 1 January 2011, the CCA was known as the Trade Practices Act 1974.

[7]        Mr David Basham, President, South Australian Dairyfarmers' Association, Committee Hansard, 8 March 2011, p. 55.

[8]        Mr Ian Zandstra, Chairman, Dairy Farmers Milk Co-operative, Committee Hansard, 8 March 2011, p. 67.

[9]        CHOICE, Submission 51, p. 4 (footnotes omitted).

[10]      Australian Dairy Industry Council, Submission 96, p. 2.

[11]      Western Australian Farmers Federation, Submission 88, p. 2.

[12]      Australian Dairy Farmers, Submission 150, p. 3; Queensland Dairyfarmers' Organisation, Submission 94A, p. 2. It is important to clarify that the Minister, currently the Parliamentary Secretary to the Treasurer, cannot direct the ACCC to investigate matters that may constitute a contravention of the general anti-competitive conduct provisions such as section 46. Subsection 29(1A) of the CCA expressly prohibits the Minister from doing so.

[13]      Boral Besser Masonry Limited v Australian Competition and Consumer Commission (2003) 215 CLR 374, 421 (Gleeson CJ and Callinan J).

[14]      Mr Marcus Bezzi, Executive General Manager, Enforcement and Compliance Division, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 23. See also p. 21.

[15]      Mr Marcus Bezzi, Executive General Manager, Enforcement and Compliance Division, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 22.

[16]      Mr Pat McEntee, General Manager, Fresh Foods, Woolworths, Committee Hansard, 29 March 2011, p. 6.

[17]      Coles, Submission 131, p. 16.

[18]      Mr Ian McLeod, Managing Director, Coles, Committee Hansard, 29 March 2011, pp. 37–38.

[19]      Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, pp. 19–20.

[20]      Australian Competition and Consumer Commission, answer to question on notice, 9 March 2011 (received 6 April 2011), pp. 5, 11.

[21]      Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 23.

[22]      Australian Competition and Consumer Commission, 'ACCC: Coles discounting of house brand milk is not predatory pricing', Media release, NR 129/11, 22 July 2011.

[23]      Australian Competition and Consumer Commission, 'ACCC: Coles discounting of house brand milk is not predatory pricing', Media release, NR 129/11, 22 July 2011.

[24]      Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 6 October 2011, p. 34.

[25]      Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 6 October 2011, p. 36.

[26]      Mr Ian Zandstra, Chairman, Dairy Farmers Milk Co-operative, Committee Hansard, 8 March 2011, p. 72.

[27]      Mr Christopher Zinn, Director, Campaigns and Communications, CHOICE, Committee Hansard, 29 March 2011, p. 87.

[28]      Associate Professor Frank Zumbo, Committee Hansard, 9 March 2011, p. 50.

[29]      Mr Christopher Zinn, Director, Campaigns and Communications, CHOICE, Committee Hansard, 29 March 2011, p. 92.

[30]      CHOICE and the Australian Food and Grocery Council, Submission 152, p. 6.

[31]      Australian Competition and Consumer Commission, 'Enforcement Activities', www.accc.gov.au/content/index.phtml/itemId/585905 (accessed 28 June 2011).

[32]      Australian Competition and Consumer Commission, Compliance and Enforcement Policy, December 2010, p. 1.

[33]      Mr Graeme Samuel, Chairman, Australian Competition and Consumer Commission, Senate Economics Legislation Committee Hansard, Additional Estimates 2010–11, 24 February 2011, pp. 94–5.

[34]      Mr Graeme Samuel, Chairman, Australian Competition and Consumer Commission, Senate Economics Legislation Committee Hansard, Budget Estimates 2011–12, 31 May 2011, p. 97.

[35]      For example, the ACCC issued a media release in April 2008 after investigating allegations that Bakers Delight engaged in misleading and deceptive and unconscionable conduct towards franchisees: Australian Competition and Consumer Commission, 'ACCC does not consider Bakers Delight engaged in unconscionable conduct towards franchisees', Media release, MR 104/08, 22 April 2008. Other examples include the media releases issued by the ACCC in 2009 regarding Coles' offer of 40 cents per litre off fuel purchases for customers that spent $300 at a Coles supermarket.

[36]      Mr Graeme Samuel, Chairman, Australian Competition and Consumer Commission, Senate Economics Legislation Committee Hansard, Budget Estimates 2011–12, 31 May 2011, p. 97.

[37]      Australian Competition and Consumer Commission, 'ACCC: Recent anti-Israel protests not a secondary boycott', Media release, NR 161/11, 2 September 2011.

[38]      Australian Competition and Consumer Commission, Submission to the Productivity Commission's inquiry into Australia's consumer policy framework, June 2007, p. 52.

[39]      Trade Practices Act Review Committee, Review of the Competition Provisions of the Trade Practices Act, January 2003, pp. 181–190.

[40]      Australian Competition and Consumer Commission, Submission 21, Senate Legal and Constitutional References Committee, Inquiry into s. 46 and s. 50 of the Trade Practices Act 1974, February 2002, p. 7.

[41]      Office of Fair Trading (UK), 'Consumer enforcement current cases', www.oft.gov.uk/
OFTwork/consumer-enforcement/consumer-enforcement-current/ (accessed 28 June 2011).

[42]      For example, the UK OFT's website has a discussion of its investigation into retirement homes exit fees and an investigation into a possible anti-competitive conduct in the private motor insurance sector. See www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-current/retirement-homes/; www.oft.gov.uk/about-the-oft/legal-powers/enforcement_regulation/Cartels/motor-insurance/ (accessed 29 June 2011).

[43]      Competition Bureau (Canada), 'Litigation Status Report' www.competitionbureau.gc.ca/
eic/site/cb-bc.nsf/eng/02037.html (accessed 29 June 2011).

[44]      Competition Bureau (Canada), 'Legal Actions and Opinions' www.competitionbureau.gc.ca/
eic/site/cb-bc.nsf/eng/h_00020.html (accessed 29 June 2011).

[45]      Commerce Commission (New Zealand), 'Investigation Reports' www.comcom.govt.nz/
investigation-reports/ (accessed 30 June 2011).

[46]      Australian Competition and Consumer Commission, 'Franchising Code complaints, investigations and outcomes', www.accc.gov.au/content/index.phtml/itemId/816437 (accessed 8 September 2011).

Chapter 7 - Competition law

[1]        Department of the Treasury, Submission 111, p. 3.

[2]        Price discrimination was examined in more detail in another inquiry. See Senate Economics Legislation Committee, Trade Practices Amendment (Guaranteed Lowest Prices—Blacktown Amendment) Bill 2009, November 2009.

[3]        Since the repeal of the section 49 which covered anti-competitive price discrimination, an unrelated section 49 regarding dual listed companies was introduced and remains in force.

[4]        Australian Competition and Consumer Commission, Report to the Senate by the Australian Competition and Consumer Commission on prices paid to suppliers by retailers in the Australian grocery industry, September 2002, p. 8.

[5]        Independent Committee of Inquiry into Competition Policy in Australia, National Competition Policy, August 1993, p. 79.

[6]        National Competition Policy, August 1993, p. 78.

[7]        National Competition Policy, August 1993, p. 74.

[8]        National Association of Retail Grocers of Australia, Submission 50, p. 6.

[9]        Although, as pointed out in NARGA's submission to this inquiry, it is worth noting that the recommendations of the Swanson and Blunt Committees to repeal section 49 were rejected.

[10]      Senate Economics References Committee, Effectiveness of the Trade Practices Act 1974 in protecting small business, March 2004, p. 3.

[11]      Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, pp. 45–6.

[12]      Associate Professor Frank Zumbo, Committee Hansard, 9 March 2011, p. 51.

[13]      Australian Food and Grocery Council, Submission 100, p. 11.

[14]      Queensland Dairyfarmers' Organisation, answer to question on notice, 8 March 2011 (received 27 March 2011), p. 16.

[15]      National Association of Retail Grocers of Australia, Submission 50, p. 7.

[16]      Associate Professor Frank Zumbo, Committee Hansard, 9 March 2011, p. 59.

[17]      Trade Practices Act Review Committee, Report of the Trade Practices Act Review Committee, January 2003, p. 90.

[18]      Mr Graeme Samuel, Chairman, Australian Competition and Consumer Commission, Senate Economics Legislation Committee Hansard, Additional Estimates 2010–11, 24 February 2011, p. 86.

[19]      Mr Russell Markham, Chief Executive Officer, Foodland Supermarkets, Committee Hansard, 8 March 2011, pp. 53–4.

[20]      Re Cool and Sons Pty Ltd Trading As Wagga Windscreen Service v O'Brien Glass Industries Limited [1981] FCA 95. National Association of Retail Grocers of Australia, Submission 50, pp. 8–9.

[21]      National Association of Retail Grocers of Australia, Submission 50, pp. 8–9.

[22]      Mr Andrew Deitz, Department of the Treasury, Committee Hansard, 10 March 2011, p. 13.

[23]      Re Cool and Sons Pty Ltd Trading As Wagga Windscreen Service v O'Brien Glass Industries Limited [1981] FCA 95 (Keely J); cited by Department of the Treasury, Submission 111, p. 15.

[24]      Re O'Brien Glass Industries Limited v Cool & Sons Pty Limited Trading As Wagga Windscreen Service (1983) 77 FLR 441 (Fox, Franki and Sheppard JJ); cited by Department of the Treasury, Submission 111, p. 15.

[25]      National Competition Policy, August 1993, p. 77.

[26]      Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 27.

[27]      Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 45.

[28]      Office of Fair Trading (UK), Abuse of a dominant position: understanding competition law, December 2004, p. 4.

[29]      Mr Peter Whelan and Dr Philip Marsden, British Institute of International and Comparative Law, Reflections on the Robinson-Patman Act: A Review of International Perspectives on Price Discrimination, paper presented to the American Bar Association Antitrust Teleseminar Series, February 2006, www.biicl.org/files/60_reflections_on_the_robinson_-_patman_act_a_
review_of_international_perspectives_on_price_discrimination.pdf (accessed 5 April 2011).

[30]      Napp Pharmaceutical Holdings Ltd CA98/2/2001 [2001] UKCLR 597, on appeal Napp Pharmaceutical Holdings Ltd v The Director General of Fair Trading [2002] CompAR 13.

[31]      Mr Peter Whelan and Dr Philip Marsden, British Institute of International and Comparative Law, Reflections on the Robinson-Patman Act: A Review of International Perspectives on Price Discrimination, paper presented to the American Bar Association Antitrust Teleseminar Series, February 2006, www.biicl.org/files/60_reflections_on_the_robinson_-_patman_act_a_
review_of_international_perspectives_on_price_discrimination.pdf (accessed 5 April 2011).

[32]      Robinson–Patman Act of 1936 (US), 15 U.S.C. § 13(a).

[33]      Mr Donald Clark, Secretary, Federal Trade Commission, 'The Robinson-Patman Act: General Principles, Commission Proceedings, and Selected Issues', Address to the Ambit Group Retail Channel Conference for the Computer Industry, 7 June 1995, www.ftc.gov/speeches/other/
patman.shtm (accessed 8 September 2011).

[34]      Antitrust Modernization Commission Act of 2002 (US), P.L. 107-273, 116 Stat. 1856.

[35]      Antitrust Modernization Commission (US), Report and recommendations, April 2007, p. iii.

[36]      Report of the Trade Practices Act Review Committee, January 2003, p. 90.

[37]      Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, July 2008, pp. 443-444.

[38]      Competition Act (Canada), R.S.C., 1985, c. C-34.

[39]      Mr John Cummings, Chairman, National Association of Retail Grocers of Australia, Committee Hansard, 9 March 2011, p. 10.

[40]      Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, July 2008, p. 441.

[41]      Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, July 2008, p. 234 (footnotes omitted).

[42]      Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, July 2008, p. 442.

[43]      Mr John Cummings, Chairman, National Association of Retail Grocers of Australia, Committee Hansard, 9 March 2011, p. 11.

[44]      Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 28.

[45]      Law Council of Australia, Submission 115, p. 4.

[46]      Mr Ian McLeod, Managing Director, Coles, Committee Hansard, 29 March 2011, p. 57.

[47]      Productivity Commission, Economic Structure and Performance of the Australian Retail Industry, Draft Report, July 2011, p. 35.

[48]      Mr Brad Archer, Department of the Treasury, Committee Hansard, 10 March 2011, p. 6.

[49]      Department of the Treasury, Submission 111, p. 3.

[50]      See, for example, Australian Dairy Farmers, Submission 150B; NSW Dairy Industry Conference, Submission 92A; Queensland Dairyfarmers' Organisation, Submission 94A; National Association of Retail Grocers of Australia, Submission 50B.

[51]      For example, paragraph 45(2)(a) of the CCA (which forms part of the provisions relating to contracts, arrangements or understandings that restrict dealings or affect competition) states 'a corporation shall not: (a) make a contract or arrangement, or arrive at an understanding, if: (i) the proposed contract, arrangement or understanding contains an exclusionary provision; or (ii) a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition...'

[52]      Australian Competition and Consumer Commission, 'ACCC: Coles discounting of house brand milk is not predatory pricing', Media release, NR 129/11, 22 July 2011.

[53]      Australian Competition and Consumer Commission, Submission to the Trade Practices Act Review Committee, June 2002, p. 67.

[54]      Australian Competition and Consumer Commission, Submission to the Trade Practices Act Review Committee, June 2002, p. 68.

[55]      Australian Competition and Consumer Commission, Submission to the Trade Practices Act Review Committee, June 2002, p. 78.

[56]      Report of the Trade Practices Act Review Committee, January 2003, p. 77.

[57]      Report of the Trade Practices Act Review Committee, January 2003, p. 79.

[58]      Report of the Trade Practices Act Review Committee, January 2003, p. 80.

[59]      Report of the Trade Practices Act Review Committee, January 2003, p. 70.

[60]      Boral Besser Masonry Limited v Australian Competition and Consumer Commission [2003] HCA 5.

[61]      Mr Graeme Samuel, Chairman, Australian Competition and Consumer Commission, Senate Economics References Committee Hansard, Inquiry into the effectiveness of the Trade Practices Act 1974 in protecting small business, 31 October 2003, p. 85.

[62]      Trade Practices Legislation Amendment Act (No. 1) 2007 and the Trade Practices Legislation Amendment Act 2008.

[63]      Law Council of Australia, Submission 115, p. 6.

[64]      Mr Brian Cassidy, Chief Executive Officer; Mr Marcus Bezzi, Executive General Manager, Enforcement and Compliance Division, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 26.

[65]      Associate Professor Frank Zumbo, Committee Hansard, 9 March 2011, p. 48.

[66]      NSW Farmers' Association, Submission 124, p. 11.

[67]      Department of the Treasury, Submission 111, p. 12; Law Council of Australia, Submission 115, p. 3.

[68]      Mr Brian Cassidy, Chief Executive Officer; Mr Marcus Bezzi, Executive General Manager, Enforcement and Compliance Division, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 44.

[69]      On 1 August 2011, Mr Rod Sims took over from Mr Graeme Samuel as Chairman of the ACCC.

[70]      Mr Rod Sims, Chairman, Australian Competition and Consumer Commission, 'ACCC: Future Directions', Address to the Law Council Competition and Consumer Workshop 2011, 28 August 2011, pp. 5, 6 www.accc.gov.au/content/index.phtml/itemId/1004650/
fromItemId/8973 (accessed 8 September 2011).

[71]      Mr Rod Sims, Chairman, Australian Competition and Consumer Commission, Committee Hansard, 6 October 2011, p. 42.

[72]      Senate Economics References Committee, Milking it for all it’s worth—competition and pricing in the Australian dairy industry, 13 May 2010, pp. 54–5.

[73]      Associate Professor Frank Zumbo, Committee Hansard, 9 March 2011, p. 51.

[74]      Mrs Kate Carnell, Chief Executive Officer, Australian Food and Grocery Council, Committee Hansard, 10 March 2011, p. 35.

[75]      Standard Oil Co. of New Jersey v United States, 221 U.S. 1 (1911).

[76]      Report of the Trade Practices Act Review Committee, January 2003, p. 162; United States of America v Microsoft Corporation, United States Court of Appeals, No. 00‑5212, 28 June 2001.

[77]      United States of America v Microsoft Corporation, United States Court of Appeals, No. 00‑5212, 28 June 2001, www.justice.gov/atr/cases/f257900/257941.htm (accessed 6 April 2011).

[78]      Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Senate Economics References Committee Hansard, Inquiry into competition in the Australian banking sector, 25 January 2011, p. 56.

[79]      Senate Economics References Committee, Milking it for all it’s worth—competition and pricing in the Australian dairy industry, 13 May 2010, p. 62.

[80]      NSW Farmers' Association, Submission 124, pp. 4­–5.

[81]      The committee's sister legislation committee has previously examined the issue of creeping acquisitions. See Senate Economics Legislation Committee, Competition and Consumer Legislation Amendment Bill 2010 [Provisions], 15 June 2010; Trade Practices (Creeping Acquisitions) Amendment Bill 2007 [2008], 26 August 2008.

[82]      Senate Economics References Committee, Milking it for all it’s worth—competition and pricing in the Australian dairy industry, 13 May 2010, p. 60 (footnotes omitted).

[83]      Mr David Reynolds, Yentrac, trading as Goolwa Foodland, Committee Hansard, 8 March 2011, p. 47.

[84]      Senate Economics References Committee, Milking it for all it’s worth—competition and pricing in the Australian dairy industry, 13 May 2010, p. 65.

[85]      Professor Stephen King, Committee Hansard, 21 January 2011, p. 109.

[86]      Professor Stephen King, 'Retrospective merger analysis', Core Economics blog, economics.com.au/?p=6638 (accessed 5 April 2011).

[87]      Senate Economics References Committee, Milking it for all it’s worth—competition and pricing in the Australian dairy industry, 13 May 2010, p. 65.

[88]      Australian Food and Grocery Council, Submission 100, p. 11.

[89]      Australian Dairy Industry Council, Submission 96, p. 3.

[90]      Law Council of Australia, Submission 115, p. 3.

[91]      Department of the Treasury, Submission 111, p. 3.

[92]      IGA Retail Network, Submission 112.

Chapter 8 - Relative bargaining power and other issues in the supply chain

[1]        Trade Practices Act Review Committee, Review of the Competition Provisions of the Trade Practices Act, January 2003, p. 115.

[2]        A more streamlined process—collective bargaining notification—also exists. This process is available if each party to the collective arrangement expects that the total value of the transactions it will conduct with the target over a 12-month period will not be greater than $3 million (or higher amounts as set by regulations).

[3]        Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 39.

[4]        Australian Competition and Consumer Commission, 'ACCC extends dairy farmer collective bargaining arrangements', Media release, NR 136/11, 4 August 2011.

[5]        Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, pp. 39–40. Similar sentiments were expressed by other government officials: Mr Simon Murnane, General Manager, Livestock Industries and Animal Welfare Branch, Agricultural Productivity Division, Department of Agriculture, Fisheries and Forestry, Committee Hansard, 10 March 2011, p. 24.

[6]        Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, p. 40.

[7]        See chapter 5 of Senate Economics References Committee, Milking it for all it’s worth—competition and pricing in the Australian dairy industry, May 2010.

[8]        Senate Economics References Committee, Milking it for all it’s worth—competition and pricing in the Australian dairy industry, May 2010, p. 71.

[9]        See Senate Economics References Committee, The impacts of supermarket price decisions on the dairy industry: Second Interim Report, May 2011, pp. 56­–7.

[10]      Joint Select Committee on the Retailing Sector, Fair Market or Market Failure?: A review of Australia's retailing sector, August 1999, p. xi.

[11]      Department of Agriculture, Fisheries and Forestry, Submission 116, p. 9.

[12]      Produce and Grocery Industry Code Administration Committee, Submission 57, p. 3.

[13]      Produce and Grocery Industry Code Administration Committee, Submission 57, p. 1.

[14]      Produce and Grocery Industry Ombudsman, www.produceandgroceryombudsman.com.au/
reports.html (accessed 29 August 2011).

[15]      Produce and Grocery Industry Code Administration Committee, Submission 57, p. 1.

[16]      Queensland Dairyfarmers' Organisation, answer to question on notice, 8 March 2011 (received 27 March 2011), p. 10.

[17]      South Australian Dairyfarmers' Association, answer to question on notice, 8 March 2011 (received 25 March 2011), p. 3.

[18]      The Hon. Robert Brokenshire MLC, Submission 67A, p. 3.

[19]      Milk discounting in the United Kingdom was discussed in the committee's Second Interim Report. See Senate Economics References Committee, The impacts of supermarket price decisions on the dairy industry: Second Interim Report, May 2011, pp. 23–27.

[20]      See House of Commons Business, Innovation and Skills Committee (UK), Time to bring on the referee? The Government's proposed Adjudicator for the Groceries Code, 19 July 2011.

[21]      Competition and Consumer Act 2010, s. 51ACA.

[22]      See for example: Australian Dairy Farmers, Submission 150B; Associate Professor Frank Zumbo, Submission 99; Queensland Dairyfarmers' Organisation, Submission 94B; NSW Dairy Industry Conference, Submission 92A.

[23]      CHOICE and the Australian Food and Grocery Council, Submission 152, p. 5 (footnotes omitted).

[24]      Australian Dairy Farmers, Submission 150B, p. 7.

[25]      Australian Dairy Farmers, Submission 150A, p. 4.

[26]      Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, July 2008, p. 385.

[27]      Department of the Treasury, Policy guidelines on prescribing industry codes under Part IVB of the Competition and Consumer Act 2010, May 2011, p. 2.

[28]      Department of the Treasury, Policy guidelines on prescribing industry codes under Part IVB of the Competition and Consumer Act 2010, May 2011, pp. 5–6.

[29]      The committee notes the concerns raised by the Australian and New Zealand Ombudsmen Association (ANZOA) regarding the use of the word ombudsman in this context. ANZOA considers that the functions being suggested for such a body are not consistent with the role of an ombudsman. See Australian and New Zealand Ombudsmen Association, Submission 153.

[30]      CHOICE, Submission 51, p. 8.

[31]      Australian Food and Grocery Council, Submission 100, p. 9.

[32]      Associate Professor Frank Zumbo, Submission 99, p. 11.

[33]      CHOICE and the Australian Food and Grocery Council, Submission 152, p. 2.

[34]      Australian Dairy Farmers, Submission 150B, p. 5.

Government Senators' Additional Comments

[1]        The Hon. David Bradbury MP, Parliamentary Secretary to the Treasurer, 'The critical role of competition policy', Address to Regulatory Reform Conference, 12 April 2011.

[2]        Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, July 2008, p. xiv.

[3]        Mr Rod Sims, Chairman, Australian Competition and Consumer Commission, Committee Hansard, 6 October 2011, p. 32.

[4]        Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, July 2008, p. 384.

[5]        Competition and Consumer Act 2010, s. 2.

[6]        Australian Competition and Consumer Commission, 'ACCC: Coles discounting of house brand milk is not predatory pricing', Media release, NR 129/11, 22 July 2011.

[7]        Australian Competition and Consumer Commission, 'ACCC: Coles discounting of house brand milk is not predatory pricing', Media release, NR 129/11, 22 July 2011.

[8]        Mr Rod Sims, Chairman, Australian Competition and Consumer Commission, Committee Hansard, 6 October 2011, p. 35.

[9]        Mr Rod Sims, Chairman, Australian Competition and Consumer Commission, Committee Hansard, 6 October 2011, p. 39.

[10]      Mr Simon Murnane, Department of Agriculture, Fisheries and Forestry, Committee Hansard, 10 March 2011, p. 24; Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 9 March 2011, pp. 39–40.

[11]      Mr Brian Cassidy, Chief Executive Officer, Australian Competition and Consumer Commission, Committee Hansard, 6 October 2011, p. 32.

Additional Comments by Independent Senator Nick Xenophon, Nationals Senator John Williams, Liberal Senator the Hon. Bill Heffernan, Democratic Labor Party Senator John Madigan, and Australian Greens Senator Christine Milne

[1]        Ms Natalie Samia, Woolworths Limited, Submission 98, p. 2.

[2]        Australian Bureau of Statistics, The Australian Dairy Industry, 1301.0 – Year Book Australia, 2004.

[3]        Dairy Australia, 'Dairy at a Glance', www.dairyaustralia.com.au/Statistics-and-markets/Farm-facts/Dairy-at-a-glance.aspx, accessed 29 October 2011.

[4]        Ms Natalie Samia, Woolworths Limited, Submission 98, p. 3.

[5]        Courier Mail, Wesfarmers hints at end to discounts, 29 July 2011, p. 38.

[6]        Mr Graeme Samuel, ACCC: Coles discounting of house brand milk is not predatory pricing, www.accc.gov.au/content/index.phtml/itemId/998776/fromItemId/142, accessed 29 October 2011.

[7]        Mr Graeme Samuel, ACCC: Coles discounting of house brand milk is not predatory pricing, www.accc.gov.au/content/index.phtml/itemId/998776/fromItemId/142, accessed 29 October 2011.

[8]        Mr Brian Cassidy, ACCC, Committee Hansard, 9 March 2011, p. 22.

[9]        Mr Brian Cassidy, ACCC, Committee Hansard, 9 March 2011, p. 45.

[10]      Australian Dairy Farmers, Committee Hansard, 6 October 2011, p. 3.

[11]      Australian Dairy Farmers, Committee Hansard, 6 October 2011, p. 1.

[12]      Australian Dairy Farmers, Committee Hansard, 6 October 2011, p. 2.

[13]      Australian Dairy Farmers, Committee Hansard, 6 October 2011, p. 2.

[14]      Parmalat Australia Ltd, Submission 117, p. 2.

[15]      National Foods, Submission 97, pp. 18-19.

[16]      Lion Dairy & Drinks, Submission 159, p. 7.

[17]      Lion Dairy & Drinks, Submission 159, p. 8.

[18]      ACCC, answers to questions on notice, 20 October 2011.

[19]      Mr Duncan Makeig, Lion Dairy & Drinks, Committee Hansard, 6 October 2011, p. 13.

[20]      Mr Duncan Makeig, Lion Dairy & Drinks, Committee Hansard, 6 October 2011, p. 17.

[21]      ACCC, Committee Hansard, 6 October 2011, p. 37.

[22]      Associate Professor Frank Zumbo, Committee Hansard, 9 March 2011, p. 51.

[23]      Australian Competition and Consumer Commission, answers to questions on notice, received 20 October 2011.

[24]      Queensland Dairy Farmers, Submission 94, p. 27.

[25]      Australian Dairy Farmers, Committee Hansard, 8 March 2011, p. 18.

[26]      NARGA, Committee Hansard, 9 March 2011, p. 14.

[27]      CHOICE, Committee Hansard, 29 March 2011, p. 84.

[28]      CHOICE, Committee Hansard, 29 March 2011, p. 89.

[29]      Associate Professor Frank Zumbo, Committee Hansard, 9 March 2011, p. 52.

[30]      Associate Professor Frank Zumbo, Submission 99, p. 18.

[31]      Associate Professor Frank Zumbo, Submission 99, p. 20.

[32]      Competition Commission (UK), 'The supply of groceries in the UK market investigation', April 2008, www.competition-commission.org.uk/rep_pub/reports/2008/fulltext/538.pdf, accessed 1 November 2011.