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Carrington Clarke

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5121 total appearances
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ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

But let's look at the headlines first.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

What do you make of this judgment?

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

Jenna Cascott-Libb, the chair of the ACCC, was very careful.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

As you said, she wouldn't be drawn on any comparisons.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

to the case that is being run against Woolworths for obvious reasons.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

We're waiting for the decision on that.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

But this was an interesting case, and she said that there's been very interesting analysis done about the way

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

that companies are able to price.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

And people are obviously looking for what this will mean for the interpretation of consumer law and a big focus on this kind of 12 week period and about whether or not that is relevant.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

So the 12 weeks is about how long the internal rules were at Coles that an item could be at a certain price before you can

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

say that it has been discounted when it goes to a lower price.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

These are internal guardrails that the judge says the Coles did not adhere to.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

But what it seems the chair of the ACCC is saying is that this is relevant to this case, but not necessarily to other companies.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

So I think it'll be interesting to see how this plays through.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

And again, it's before midday here when we're recording.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

We'll wait to see how this is interpreted more broadly, but it does appear that perhaps

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

It's not that this 12 weeks is going to become a rule for every other company, but I guess

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

What is relevant is that companies at least have to adhere to their own guardrails, their own internal rules about what is a genuine discount.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

But it is going to be interesting to see how other companies react.

ABC Business Daily
Is Coles' DOWN DOWN 'dead'?

And one of the things that we heard from the chair is that this shouldn't be the end of discounting.