ACCC v Informed Sources
Federal Court of Australia, Victorian Registry
|Respondents||Informed Sources (Australia) Pty Ltd
7-Eleven Stores Pty Ltd
BP Australia Pty Ltd
Caltex Australia Petroleum Pty Ltd
Eureka Operations Pty Ltd Trading As Coles Express (discontinued 16 Dec 2016)
Contravention of s 45 - agreement with effect or likely effect of substantially lessening competition.
|Hearing||Listed for 15 February - 25 March 2016 before Justice Murphy|
|Mediation||16-17 December 2015|
|Lawyers for Applicant||Australian Government Solicitor|
|Lawyers for Respondents||Various|
Discontinuation of proceedings against Coles Express
On 15 December 2015 the ACCC resolved Federal Court proceedings against Eureka Operations Pty Ltd (trading as Coles Express) . Coles Express will terminate its subscription to Informed Sources after the current subscription period (ending April 2016) and has provided the ACCC with court enforceable undertakings in which it commits not to enter into similar price information sharing service agreements and not to give effect to such arrangements following termination of its agreement with Informed Sources. The Court (Justice Murphy) ordered discontinuation of proceedings against the fifth respondent (Coles Express), noting the undertaking Coles Express had agreed to give the ACCC pursuant to s 87B of the Act.
Mobil Oil Australia
On 19 August 2014 the ACCC accepted a court enforceable undertaking from Mobil Oil Australia Pty Ltd, in which it agreed it would not subscribe to Informed Sources for 5 years. Mobil was not joined to the Federal Court proceedings against Informed Sources and other petrol retailers.
Media and commentary
ACCC press release
- ACCC media release, ACCC and Coles Express resolve petrol price information sharing proceedings (16 December 2015)
- ACCC press release, 'ACCC takes action against Informed Sources and petrol retailers for price information sharing' (20 August 2014)
- ACCC press release, 'ACCC investigates information sharing arrangements in the petrol industry' (3 May 2012)
This release relates to the commencement of a formal investigation which ultimately led to these proceedings.
Press releases from respondents to the proceedings
- Informed Sources, 'The ACCC action against Informed Sources is unjustified' (Media release, 20 August 2014)
- Woolworths Ltd, 'ACCC and Informed Sources' (20 August 2014)
- Caltex, 'Caltex response to ACCC proceedings on fuel price data' (20 August 2014)
- ACCC takes BP, Caltex, Woolworths, Coles Express, 7-Eleven and Informed Sources to Federal Court' (news.com.au, 20 August 2014)
- Ben Butler, 'ACCC takes action on petrol pricing' (Sydney Morning Herald, 21 August 2014)
- Annabel Hepworth, 'Petrol giants face legal test on prices' (The Australian, 21 August 2014)
- Michael Janda, 'ACCC launches legal action against Informed Sources and retailers over alleged petrol price sharing' (ABC News, 21 August 2014)
- Lucille Keen, 'ACCC sues petrol retailers, Informed Sources' (Financial Review, 20 August 2014)
- Freya Nobile, 'Petrol retailers BP, Caltex, Woolworths, Coles and 7- Eleven accused of working together to drive up the cost of fuel ' (Daily Mail Australia, original 20 August 2014 - subsequently updated)
- Blair Speedy, 'ACCC taks action over alleged price collusion' (The Australian, 20 August 2014)
- Simon Thomsen, 'Competition Watchdog Takes Fuel Big Boys To Court Over Alleged Price Fixing' (20 August 2014)
This article pre-dated the ACCC action by more than a year, but followed the ACCC's announcement that it would launch an inquiry into the price-sharing arrangements that are the subject of the proceedings.