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.