Regulator will not appeal Metcash decision
THE competition regulator has bowed to four Federal Court judges and decided not to seek special leave in the High Court to appeal against its loss over the future of the Franklins supermarket chain.
The Australian Competition and Consumer Commission contended that Metcash’s purchase of Franklins from Pick ‘n Pay Retailers would substantially reduce competition in the independent supermarket sector in NSW and the ACT.
Its chairman, Rod Sims, said yesterday the regulator accepted that the court had ruled this was not established on the evidence it tendered.
Justice Arthur Emmett dismissed the ACCC’s case in August, saying the deal was likely to be pro-competitive because it would help Metcash, Australia’s largest grocery wholesaler, and the independent retailers it supplies to compete more effectively against Woolworths and Coles. Sydney Morning Herald – Read more…