A report in The Australian Financial Review says documents relating to a court case between Peters Ice Cream, PFD Food Services’ and the Australian Competition and Consumer Commission (ACCC) may soon come to light, which in turn reveal information about organisations opposed to Woolworths Group’s acquisition of PFD.
According to the Australian Financial Review, Peters is seeking discovery of certain food distribution documents attained by the ACCC and has applied to the Federal Court for the order.
In November, the regulator alleged Peters prevented competition in the supply of single-wrapped ice creams to petrol and convenience retailers for five years, as part of its agreement with PFD Food Services.
This week’s media report suggest the ACCC contacted organisations against Woolworths’ proposed $552 million acquisition and warned them the orders requested by Peters may “be caught by the discovery request”. Information may include confidential submissions, and file notes of conversations between organisation representatives and independent food distribution businesses.
The ACCC is said to have “strongly objected” to the Peters’ demand to hand over documents that have come into its control in connection with the proposed Woolworths/PFD deal.
Earlier this month, five peak bodies called for the ACCC not to greenlight the Woolworths and PFD deal due to the retailer’s “track record of anti-competitive behaviour” and citing concern for the potential damage to small businesses in the supply chain”.
The organisations include the Australasian Convenience and Petroleum Marketers Association (ACAPMA), Council of Small Business Organisations Australia (COSBOA), MGA Independent Retailers, Australasian Convenience and Petroleum Marketers Association (AACS) and Independent Food Distribution Australia (IFDA).
A special hearing relating to Peters’ requests and the ACCC is said to be held this morning (28 May).
