Latest From The ACCC

New and updated guidance on the Food and Grocery Code (the Code) is now available on the ACCC website.

On 3 October 2020, changes were made to the Food and Grocery Code. Our guidance provides suppliers with information about their rights under the amended Code and relevant competition and consumer laws.

This information may also be relevant for retailers or wholesalers, who should ensure that they take the appropriate steps to update grocery supply agreements and their procedures to comply with the amendments.

We encourage you to read and share the latest guidance on:

  • who the Code applies to and key terms that you should know
  • key protections for suppliers under the Code
  • what it means to act in good faith under the Code
  • how you can resolve a dispute with retailers or wholesalers under the Code
  • suppliers’ competition and consumer law rights.

More guidance on good faith

Retailers and wholesalers who are bound by the Code must deal with suppliers in good faith. The obligation to act in good faith applies at all times, including when retailers and wholesalers are bargaining to establish a GSA, negotiating price increases and dealing with disputes.

Our updated guidance describes some new scenarios where we consider whether conduct by a retailer or wholesaler was likely to have been in good faith.

When a retailer or wholesaler has not acted in good faith

If you think that a retailer or wholesaler has not acted in good faith you can make a complaint or raise a dispute. Our website has been updated with new guidance on how suppliers can:

  • raise a complaint with a Code Arbiter
  • seek mediation or arbitration of a dispute
  • ask the Independent Reviewer to review the Code Arbiter’s process in investigating and resolving your complaint.

You can also seek independent legal advice at any time.

If you think a retailer or wholesaler has breached the code, you can also report this to the ACCC.

The ACCC is responsible for enforcing the Code and makes decisions about what matters to pursue based on the ACCC Compliance and Enforcement policy.

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