Where the ACCC alleged that grocery retailer Coles engaged in unconscionable conduct in its dealings with a number of suppliers of products that it sold. It was alleged that Coles’ misconduct was serious, deliberate and repeated, that it misused its bargaining power and that its conduct was “not done in good conscience”. The allegations were made on the basis that Coles demanded payments from suppliers to which it was not entitled by threatening harm to the suppliers that did not comply with the demand. The ACCC claimed the conduct breached s 22 of the Australian Consumer Law as it then stood in Sch 2 to the Competition and Consumer Act 2010 (Cth).
Michael Hodge (led by N O’Bryan SC and R Orr SC, with G Coleman) appeared for the Applicant, instructed by the Australian Government Solicitor.
The judgment is published here.