Overview
- On day one, ACCC counsel Garry Rich SC alleged Coles ran a planned campaign between February 2022 and May 2023 that briefly lifted prices on hundreds of items before promoting later prices that matched or exceeded earlier regular prices.
- A highlighted example showed Nature's Gift 1.2kg dog food sold at A$4 for months, raised to A$6 for seven days, then marketed at A$4.50 as a 'Down Down' price the watchdog called utterly misleading.
- Justice Michael O'Bryan questioned whether earlier shelf prices were relevant in an inflationary period, while Coles' barrister John Sheahan KC argued shoppers understand rising costs and see 'Down Down' as value messaging rather than a promise tied to distant prices.
- The ACCC's case draws on detailed price histories for roughly 245 products, with the court focusing on a sample that includes Rexona deodorant, Coca-Cola, Karicare formula, Arnott's Shapes and Strepsils.
- The 10-day hearing in Melbourne could reshape supermarket promotion practices and is expected to influence a separate ACCC case against Woolworths.