ACCC launches court action against Woolworths for ‘unconscionable conduct’ against suppliers

The Competition watchdog has launched court action against supermarket chain Woolworths alleging it engaged in unconscionable conduct by demanding more than $60m in supplier payments last year to plug a profit shortfall.

Woolworths

Woolworths: facing court action for unconscionable conduct.

The Australian Competition and Consumer Commission will allege that late last year senior Woolworths management approved the supplier payment scheme called ‘Mind the Gap’, which it is claimed was systematically aimed at urgently reducing Woolworths’ expected significant half year gross profit shortfall. It is alleged the supermarkets’ category managers and buyers contact 821 “Tier B” suppliers and asked for payments ranging from $4,291 to $1.4m to “support” the struggling retail chain.

Suppliers who did not agree to a payment would be seen as not “supporting” Woolworths and the ACCC will allege the chain chose suppliers where it had a substantially stronger bargaining position and did not have a pre-existing contractual entitlement to seek the payments. 

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