Our ref: AMFB001-001

8 August 2008

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1 FILE 1'43 7 I

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Mr Richard Chadwick General Manager Adjudication Branch

v Australian Competition and Consumer Commission PO Box 1 199 Dickson ACT 2602

Dear Mr Chadwick,

Bowling Centres Australia Pty Limited Notification -Third line Forcing

I act for Bowling Centres Australia Pty Limited, trading as AMF Bowling and Kingpin Entertainment. (BCA). BCA has instructed us to lodge the attached notifications in respect of conduct which may constitute third line forcing. We have provided two separate notifications as the conduct involves two types of discount offer. First, as a benefit to members of AMFIKingpin partner organisations and, secondly, voucher offers to the public at large via third party products or 'shop a docket' promotions.

In this regard, we attach:

a) two notifications under section 93(1) of the Trade Practices Act 1974

b) a cheque for $200.00 as payment of the required lodgement fee

If you have any questions or require any further information regarding this notification, please do not hesitate to contact me.

Yours sincere1 2

Paul Holm Director

Direct Line: +61 2 9261 2702 Email: prh@anzarut.com.au

1 2 AUG 2OOR u S U I T E 301. ~ ~ ~ Y o R K STREET. SYDNEY N S W 2000 TEL: (02) 92612704 FAX: (02) 9261 2558

ANZARUT & HOLM P N . LTD. ABN: 29 115 337 847 WWW.ANZARUT.COM.AV

MELBOURNE &SYDNEY

Form G Commonwealth of Australia

Trade Practices Act 1974 -subsection 93 (1) NOTIFICATION OF EXCLUSIVE DEALING

To the Australian Competition and Consumer Commission:

Notice is hereby given, in accordance with subsection 93 (1) of the Trade Practices Act 1974, of particulars of conduct or of proposed conduct of a kind referred to subsections 47 (2), (3), (4), ( S ) , (6), (7), (8) or (9) of that Act in which the person giving notice engages or proposes to engage.

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1. Applicant

(a) Name of person giving notice: (Refir to direction 2)

1\19 35 '4 1 Bowling Centres Australia Pty Limited t/a AMF Bowling and Kingpin Entertainment (BCA).

(b) Short description of business carried on by that person: (Refer to direction 3)

BCA owns and operates 47 ten pin bowling centres across Australia. BCA also operates 'M9 Laser Skirmish' at three locations (Crown Casino complex Melbourne, Darling Harbour and Villawood Sydney) and the 'Galactic Circus' amusement arcade in the Crown Casino complex Melbourne.

(c) Address in Australia for service of documents on that person:

C/O Mr Paul Holm

Director

Anzarut & Holm PIL

Level 3, 117 York Street,

Sydney NSW 2000.

2. Notified arrangement

(a) Description of the goods or services in relation to the supply or acquisition of which this notice relates:

Supply of discounted ten pin bowling games and/or shoe hire (Bowling offers).

Page 1 of 6

Supply of discounted M9 Laser Skirmish and/or Galactic Circus games (Kingpin offers)

(b) Description of the conduct or proposed conduct:

The offer or supply of a discount, allowance, rebate or credit in relation to the supply of ten pin bowling games andlor shoe hire by BCA on the condition that the customer has acquired goods or services from retail outlets; or refusing to supply or offer a discount for the reasons that such goods or services have not been so acquired. The offer of a discount, allowance, rebate or credit is made via 'shop a docket' or product specific discount vouchers, which are either printed on the reverse of a receipt or enclosed with a product.

The bowling offer discount is either:

*One free child's game with each adult game;

*Two games and 1 arcade token for $14.95 per person;

*Purchase a full price game and get another to equal value free;

02 games a free shoe hire for $12.95 per person; or

*Variations of such offers.

The Kingpin offer discount is either:

020% off;

*One free child's game with each adult game;

Purchase a full price game and get another to equal value free;

*Free game credit;

*Unlimited games for a fixed period for a fixed price.

(Refer to direction 4)

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3. Persons, or classes of persons, affected or likely to be affected by the notified conduct

(a) Class or classes of persons to which the conduct relates: (Refer to direction 5)

All citizens of Australia who purchase items that provide a voucher offer with the receipt (shop a docket) or with a product (such as a DVD, or in a magazine).

..........................................................................................................................

..........................................................................................................................

(b) Number of those persons:

(i) At present time:

Unknown

(ii) Estimated within the next year: (Refer to direction 6)

Unknown.

(c) Where number of persons stated in item 3 (b) (i) is less than 50, their names and addresses:

N/ A

4. Public benefit claims

(a) Arguments in support of notification: (Refer to direction 7)

Members of the public can receive lower cost bowling, laser skirmish and video gaming at no additional cost to them when they receive a discount voucher with a purchase that they have made.

BCA's business will benefit by increased patronage, which in turn increases public availability and access to social sport and entertainment services.

Page 3 of 6

(b) Facts and evidence relied upon in support of these claims:

NIA.

5. Market definition

Provide a description of the market(s) in which the goods or services described at 2 (a) are supplied or acquired and other affected markets including: significant suppliers and acquirers; substitutes available for the relevant goods or services; any restriction on the supply or acquisition of the relevant goods or services (for example geographic or legal restrictions): (Refer to direction 8)

The Australian market for entertainment and leisure is a broad one that includes a large number of broadly substitutable activities, games and sports. Ten pin bowling, laser skirmish and video gaming therefore operate in a very competitive market as demonstrated by the importance of its ongoing promotional and marketing activities, including the Bowling and Kingpin offers.

6. Public detriments

(a) Detriments to the public resulting or likely to result from the notification, in particular the likely effect of the notified conduct on the prices of the goods or services described at 2 (a) above and the prices of goods or services in other affected markets: (Refer to direction 9)

As the value of the each discount provided by BCA is not great in dollar terms, it is highly unlikely anyone will join or make a purchase merely to obtain the discount.

We therefore submit that there will be little if any public detriment from this conduct as:

1. Customers are not in practice 'forced' to acquire the goods or services in order to obtain the discount. Rather it is an additional benefit that can be accessed by members of the public who make the requisite purchase.

2. Persons are not being 'forced' to deal with a particular goods or services provider or limited class of goods or services provider, but have a wide choice of such providers from which to make a

Page 4 of 6

purchase to obtain a discount voucher, or may decide to pay full price.

3. BCA will continue to supply bowling, laser Skirmish and video gaming services to the public, but not necessarily on the same discounted terms.

..........................................................................................................................

..........................................................................................................................

(b) Facts and evidence relevant to these detriments:

7. Further information

(a) Name, postal address and contact telephone details of the person authorised to provide additional information in relation to this notification:

Mr. Paul Holm

Director

Anzamt & Holm P/L

P 0 Box 66 QVB,

SYDNEY NSW 1230

Telephone: 02 9261 2702

........................... Dated ...........................

Signed b y / o n ~ ~ ~ $

(Position in Organisation)

Page 5 of 6

DIRECTIONS

1. In lodging this form, applicants must include all information, including supporting evidence that they wish the Commission to take into account in assessing their notification.

Where there is insufficient space on this form to furnish the required information, the information is to be shown on separate sheets, numbered consecutively and signed by or on behalf of the applicant.

2. If the notice is given by or on behalf of a corporation, the name of the corporation is to be inserted in item 1 (a), not the name of the person signing the notice, and the notice is to be signed by a person authorised by the corporation to do so.

3. Describe that part of the business of the person giving the notice in the course of which the conduct is engaged in.

4. If particulars of a condition or of a reason of the type referred to in section 47 of the Trade Practices Act 1974 have been reduced in whole or in part to writing, a copy of the writing is to be provided with the notice.

5. Describe the business or consumers likely to be affected by the conduct.

6. State an estimate of the highest number of persons with whom the entity giving the notice is likely to deal in the course of engaging in the conduct at any time during the next year.

7. Provide details of those public benefits claimed to result or to be likely to result from the proposed conduct including quantification of those benefits where possible.

8. Provide details of the market(s) likely to be affected by the notified conduct, in particular having regard to goods or services that may be substitutes for the good or service that is the subject matter of the notification.

9. Provide details of the detriments to the public which may result from the proposed conduct including quantification of those detriments where possible.

Page 6 of 6

Form G Commonwealth of Australia

Trade Practices Act 1974 -subsection 93 (1) NOTIFICATION OF EXCLUSIVE DEALING

To the Australian Competition and Consumer Commission:

Notice is hereby given, in accordance with subsection 93 (1) of the Trade Practices Act 1974, of particulars of conduct or of proposed conduct of a kind referred to subsections 47 (2), (3), (4), (9, (6), (7), (8) or (9) of that Act in which the person giving notice engages or proposes to engage.

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1. Applicant

(a) Name of person giving notice: (Refer to direction 2)

Id93542 Bowling Centres Australia Pty Limited t/a AMF Bowling and Kingpin Entertainment (BCA).

(b) Short description of business carried on by that person: (Refer to direction 3)

BCA owns and operates 47 ten pin bowling centres across Australia. BCA also operates 'M9 Laser Skirmish' at three locations (Crown Casino complex Melbourne, Darling Harbour and Villawood Sydney) and the 'Galactic Circus' amusement arcade in the Crown Casino complex Melbourne.

(c) Address in Australia for service of documents on that person:

C/O Mr Paul Holm

Director

Anzarut & Holm P L

Level 3, 117 York Street,

Sydney NSW 2000.

2. Notified arrangement

(a) Description of the goods or services in relation to the supply or acquisition of which this notice relates:

Supply of discounted ten pin bowling and/or shoe hire to the members of organisations that are, or become, 'AMF Partners'.

AMF Partners are various organisations that have entered into, or will enter into, an arrangement with BCA that their members will be entitled to a

Page 1 of 6

specified discount on bowling at AMF branded centres. AMF Partners include the organisations listed in Attachment 1 to this notice.

Supply of discounted M9 Laser Skirmish andlor Galactic Circus games to members, guests or employees of 'Kingpin Partners'.

Kingpin Partners include the organisations listed in Attachment 2 to this notice.

(b) Description of the conduct or proposed conduct:

The offer or supply of a discount, allowance, rebate or credit in relation to the supply of ten pin bowling games andlor shoe hire by BCA on the condition that the customer has acquired goods or services (membership) from an AMF Partner organisation; or refusing to supply or offer a discount for the reasons that such goods or services have not been so acquired.

The offer or supply of a discount, allowance, rebate or credit in relation to the supply of laser skirmish or video gaming by BCA on the condition that the customer has acquired goods or services (membership) from an Kingpin Partner organisation; or refusing to supply or offer a discount for the reasons that such goods or services have not been so acquired

The usual discount is 20% off two full priced games and shoe hire, however the discount may be 'buy one full priced game get one free' a fixed discounted price per game, or a variation of these discounted offers.

(Refer to direction 4)

3. Persons, or classes of persons, affected or likely to be affected by the notified conduct

(a) Class or classes of persons to which the conduct relates: (Refer to direction 5)

All citizens of Australia who are members of an AMFKingpin Partner.

(b) Number of those persons:

(i) At present time:

Unknown

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(ii) Estimated within the next year: (Refer to direction 6)

Unknown.

(c) Where number of persons stated in item 3 (b) (i) is less than 50, their names and addresses:

4. Public benefit claims

(a) Arguments in support of notification: (Refer to direction 7)

AMFIKingpin Partner members enjoy lower cost bowling/laser skirmish and video gaming.

AMFlKingpin Partner offers of membership are enhanced by being able to include discounted bowling, laser skirmish or video gaming as a membership benefit.

BCA's business will benefit by increased patronage, which in turn increases public availability and access to social sport and entertainment services.

..........................................................................................................................

..........................................................................................................................

(b) Facts and evidence relied upon in support of these claims:

NIA.

Page 3 of 6

5. Market definition

Provide a description of the market(s) in which the goods or services described at 2 (a) are supplied or acquired and other affected markets including: significant suppliers and acquirers; substitutes available for the relevant goods or services; any restriction on the supply or acquisition of the relevant goods or services (for example geographic or legal restrictions): (Refer to direction 8)

The Australian market for entertainment and leisure is a broad one that includes a large number of broadly substitutable activities, games and sports. Ten pin bowling, laser skirmish and video gaming therefore operate in a very competitive market as demonstrated by the importance of its ongoing promotional and marketing activities, including the AMFKingpin Partnership offers.

AMFKingpin Partners are a range of organisations including road services associations, social clubs, professional associations and employee groups. They each compete for members with other similar organisations.

6. Public detriments

(a) Detriments to the public resulting or likely to result from the notification, in particular the likely effect of the notified conduct on the prices of the goods or services described at 2 (a) above and the prices of goods or services in other affected markets: (Refer to direction 9)

As the value of the each discount provided by BCA is not great in dollar terms, it is highly unlikely anyone will join an AMFKingpin Partner organisation merely to obtain the discount.

We therefore submit that there will be little if any public detriment from this conduct as:

1. Persons are not in practice 'forced' to acquire the AMF Partners' and Kingpin partners' services in order to obtain the discount. Rather it is an additional benefit that can be accessed by members of AMF Partner organisations.

2. Persons are not being 'forced' to deal with a particular person or limited class of AMFKingpin Partner organisation, but have a wide choice of such organisations, or may decide to pay full price.

3. BCA will continue to supply bowling and gaming services to the public, but not necessarily on the same discounted terms.

Page 4 of 6

..........................................................................................................................

..........................................................................................................................

(b) Facts and evidence relevant to these detriments:

7. Further information

(a) Name, postal address and contact telephone details of the person authorised to provide additional information in relation to this notification:

Mr. Paul Holm

Director

Anzarut & Holm P/L

P 0 Box 66 QVB,

SYDNEY NSW 1230

Telephone: 02 9261 2702

........................ Dated

Signed bylon

.............................................................................

(Organisatioy / / r e ' = .............................................................................

(Position in Organisation)

Page 5 of 6

DIRECTIONS

1. In lodging this form, applicants must include all information, including supporting evidence that they wish the Commission to take into account in assessing their notification.

Where there is insufficient space on this form to furnish the required information, the information is to be shown on separate sheets, numbered consecutively and signed by or on behalf of the applicant.

2. If the notice is given by or on behalf of a corporation, the name of the corporation is to be inserted in item 1 (a), not the name of the person signing the notice, and the notice is to be signed by a person authorised by the corporation to do so.

3. Describe that part of the business of the person giving the notice in the course of which the conduct is engaged in.

4. If particulars of a condition or of a reason of the type referred to in section 47 of the Trade Practices Act 1974 have been reduced in whole or in part to writing, a copy of the writing is to be provided with the notice.

5. Describe the business or consumers likely to be affected by the conduct.

6. State an estimate of the highest number of persons with whom the entity giving the notice is likely to deal in the course of engaging in the conduct at any time during the next year.

7. Provide details of those public benefits claimed to result or to be likely to result from the proposed conduct including quantification of those benefits where possible.

8. Provide details of the market(s) likely to be affected by the notified conduct, in particular having regard to goods or services that may be substitutes for the good or service that is the subject matter of the notification.

9. Provide details of the detriments to the public which may result from the proposed conduct including quantification of those detriments where possible.

Page 6 of 6

Ambassador Card 2 0 1 off 2 full priced

API Leisure and Lifestyle ... '

Australian Baby Card

discount. Valid for up to 4ppl.

CBA- Commonwealth Bank

Crown Social Club embers Benefit

Infinite Rewards

20% off 2 full priced

AMF All Promotions Calendar 1/6/08

01 dn lq P!WA 'luno?s!p an! 01 palapuauns aq Isnw JwanoA

01 dn ~q p!le~ iunoJs!p an! 01 pajapuauns aq lsnw Jaq3noA

jo awe6 paaud lly auo asewmd '~JA

auo tag auo Ang

sale) awe6 llnpv .J JOJ auo a3ud au 10;

Diswunt valid for one visit per day everyday of the year that the centre is open. Discount cannot

MLOL Investor Benefits Card be used in conjunction with any other offer. Diswunt only available on two bowling games and shoe hire. Excludes Food.

Medibank Private

National Poker League

NRMATravel (ACTINSW only)

NSW Teachers Federation

W - W A O N L Y

, ' ? ' **&I RACQ - QLD ONLY

AMF All Promotions Calendar 1/8/08

RACV -Free To Go

V card must be shown to ive discount. Valid for up to

SDA(Shop Distribution and Allied Employees Association) Members Benefit

SDA(Shop Distribution and Allied Employees Association) - . . . .

Show and pay with

Instant Benefits

Show and pay with ~ .. . . - ....

White Water World 20% off 2 full priced Annual pass must be shown to World Aqua Max 30th November bowling games and Show your card receive discount. Valid for up to -. .-. --.. ..

267 Annual Pass 30th September 2007 2008 shoe hire and save 4PPl

YHAAuStraila

267 YHA Member Program 1st Octoober 2006

30th September 2008

20% off 2 full priced bowling games and shoe hire

Show your card and save

I .. A, --- .- -- ,,a> .: :--*. *, ,:.,.--. . , -.. -. , ,

Card must be shown to receive L- - ... .. n , 'd*

diswunt. Valid for up to 4ppl - ... . ,; . -- .-. .,

I GENE

AMF All Promotions Calendar 1/8/08

: , . . . ' .,, ,,i'."'-,.- .,*"*'.., " . .. . :. , , . ,, ." *.*: . .,.t ' w,e#, ,, . =.. ., .,>,, >,," ..,.. ... ,C .?*" >,,.,, ).,( < i , . . ..%< ,, . , sse, - - .. ,.. . .* ..< .i, .,. ,. <,.., - , . . .. . . , ,

S H ~ K I - I EKM P'KUMU I'IONAL OFFEl - - - -

NAME OF ORGANISATION

Film: Mr Magwium's Wonder Emporium (MMWE) - Retail

CODE

220

PKUMU I IUNIPK

on presentation of this original Buy One Get One voucher. Not valid for league or Free. Purchase one tournament play or in conjunction

Buy One Get One full priced game of with any other offer or coupon. Buy One Get One Free Free See Validity dates bowling 8 receive Not valid Saturday nights after printed on offer another game of 6.00prn. Free game not PRINTED ON equal or lesser value transferable, valid for voucher

275 OFFER for free holder only.

Family Fun pass

PROMOTIONIPR OGRAM

Voucher in DVD packs sold inall retailers

DATE STARTED

16th April 2008

VALID UNTIL

31stAugust 2008 (excludes School Holidays)

255

OFFER

Free Kids Game

Famiiy Fun pass

MECHANIC

Present this voucher when you purchase one game of aduns bovding and receive one childs bowling game free

Receive one free game of bowling for two adults and two children (up to 13 yea=)

CONDITIONS

Valid for children 14yrs and under at all AMF bowling centres. on presentation of original voucher. Not valid during school holidays. for league w tournament play or in conjunction with any other offer, discount or promotional package. Not valid Saturday nights afler 6pm.

Present original voucher at any AMF Bowling Centre to receive discount

EXAMPLE I PICTURE

Offer not valid with any other otler. discount or promotional package. Not valid for tournament and league games. Not valid after 6pm on Thurrday 8 Saturdays. Not redeemable or transferable for cash and cannot be sold.

ORer not valid with any other offer, discount or promotional package. Not valid for tournament or league

One Free Game of Bowling

TWO Free Games of Bowling inal voucher at

Receive 2 games and 2 tokens for $16

55 off 2 x full priced games. $9 for 1 game

beverage. Present Others - Uni Diaries this voucher in centre

when booking your next birthday party and receive a family

AMF All Promotions Calendar 118108

Attachment 2

Kingpin Partners - Deals, Coupons and Cards Guide 2008lversion 1

1. St George bank

2. Bank SA

3. The Presidential Card

4. Commonwealth Bank of Australia

5. NSW for Kids

6. YHA Australia

7. My Rewards

8. Skybus

9. Crown Promenade

10. CSC Members Card

11. Crown Members

12. Entertainment Book

13. MLOL Card

14. Harbour Foreshore Authority - Sydney Visitors Pass

15. Macquarie Leisure Trust Group Card

16. Infinite Rewards

17. VIP Card

18. Urban Central

19. NRMA

20. NSW Teachers Federation

21. Engineers Australia