notification of exclusive dealing€¦ · 4461 results for signwriters. all states isaunders sian...

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), (5), (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)

r~q4-581. Stay in Bed Milk & Bread Pty Ltd ACN 115 166 982 trading as 'Aussie Farmers Direct' (AFD)

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

AFD operates a franchised food distribution business operated under the name 'Aussie Farmers Direct'. Our franchised network distributes 100% Australian owned and made products including milk, bread, fruit, vegetables, pasta, juices, coffee and eggs. AFD currently operates in Queensland, New South Wales, Victoria and Western Australia.

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

Level 6, 534 Church Street, Richmond, Victoria, 3 121

2. Notified arrangement

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

The arrangement relates to signage which AFD Franchisees must apply to

their delivery vans prior to commencement of their Franchise round. The signage supplier is Ausrica Pty Ltd ACN 101 284 682 trading as SMART Image (Smart Image) and costs each Franchisee approximately $2,000 plus GST.

(b) Description of the conduct or proposed conduct:

As a condition of the grant of the licence to operate the Franchise by AFD

to the Franchisee, the Franchisee must obtain signage for their delivery vehicle from SMART Image.

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(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)

AFD Franchisees

(b) Number of those persons:

(i) At present time:

There are currently 158 Franchisees operating in Queensland, New South Wales, Canberra, Victoria and Western Australia.

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

Within the next year it is expected that AFD's Franchise network will grow to approximately 256 Franchisees including through expansion into other Australian states.

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

Not applicable.

4. Public benefit claims

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

All of AFD's Franchisees benefit from the arrangement as they acquire signage for their vehicle at a lower rate negotiated by AFD on the basis that SMART Image receive a large volume of business on a continual basis from AFD's Franchisees.

AFD also benefits from the arrangement as, by using a single supplier, it can ensure that vehicle signage across its Franchise network is uniform (in both content and quality). AFD's branding is a key asset of its business and

therefore it is in both AFD and its Franchisee's interests to ensure that its brand is presented to the market in a uniform manner so that it is easily recognised by customers and potential customers.

There are a large numbers of signage suppliers operating across all states of Australia. A search of the yellow pages under 'signage' returns over 4,000 businesses. Given this, AFD does not believe that requiring Franchisees to obtain vehicle signage from Smart Image as a condition of the grant of the

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Franchisee's licence to operate the Franchise will have the effect of significantly reducing competition.

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

Refer to Attachment A which contains an extract of results from a Yellow Pages search of sign writers across all states.

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 relevant market most likely to be affected by the proposed conduct is the market for the provision of signage within the States where AFD operates or intends to expand. There are many suppliers in this market from small owner operated sign writers to large multi-service firms which offer sign writing as well as numerous other services. A person or business wishing to acquire sign writing services is faced with a plethora of choices. Signage services are used by nearly all businesses or organisations in some form or another whether it be for signage on a vehicle fleet (similar to AFD's Franchisee delivery vehicles) to shoploffice front signage or even graphic design and brand development work.

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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)

AFD considers that limited public detriment will be caused by the proposed arrangement as there are such a large number of signage suppliers across all States of Australia. By requiring its Franchisees to obtain vehicle signage from Smart Image AFD's conduct is unlikely to affect the overall demand or price of signage services.

(b) Facts and evidence relevant to these detriments:

Nil

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7. Further information

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

Kate Palethorpe Legal & Compliance Aussie Farmers Direct Level 6, 534 Church Street Richmond, Victoria, 3 12 1 Phone: (03) 90 15 7457

Dated..6 April 201 0 .................................................. Signed bylon behalf of the applicant

(Signature)

Kate Palethorpe ....................................................... (Full Name)

Stay in Bed Milk & Bread Pty Ltd (TIA Aussie Farmers Direct) ...... (Organisation)

Legal & Compliance ...................................... (Position in Organisation)

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ATTACHMENT A - SIGNAGE SERVICE PROVIDERS

Extract of search across all States on Yellow Pages.

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Search results for signage in All States - Yellow Pages@ Page 1 of 6

4461 results for Signwriters. All States

I s a u n d e r s Sian & Screenprint

' Interesting Signage - Designed T o Suit. 1 1457 Channel Hwy, Margate TAS 7054

ph: (03) 6267 2700

Siancraft Ptv Ltd

' Professionals In Design. We'll Sign Anything. 600 Port Rd. Allenby Gardens SA 5009 ph: (08) 8340 2444

~ ~ c o t c h l i n e Centre Ptv Ltd

.' Commitment To Quality 8 Service

I Moorabhin Business Park, Unit 30, 148 Chestewille Rd. Moorabbin VIC 3189 ph: (03) 9532 0660

a Desiancraft

Corporate Rebranding Programs. Alucobond . Fabrication Specialists.

61 - 63 Governor Macquane DN. Ch~pping Norton NSW 2170 ' ph: (02) 9755 4466

Desiancraft

i Corporate Rebranding Programs. Alucobond j Fabrication Specialists.

! 336 South Rd. Croydon Park SA 5008 1 ph: (08) 8340 8888

: Corporate Rebranding Programs. Alucobond ; Fabrication Specialists.

350 - 380 Kororoit Creek Rd, Altona VIC 3018 , ph: (03) 8360 6222

m ~ i a n c r a f t

; Corporate Rebranding Programs. Alucobond Fabrication Specialists.

: 5 Hurricane St. Banyo QLD 4014 ph: (07) 3267 8977

m ~ e w Generation Siqns

i ! Corporate Branding Exports, Complete Signage

Service - Australia Wide! ! Corporate signage experts with the latest technology to

service your needs Aust wide. We also offer a full in-house

Search results for signage in A11 States - Yellow Pages@ Page 2 of 6

f design service

8 George Crt. Greensborough ViC 3008 ph: (03) 9432 71 11

DBM Bailie Sians

Signage 8 Digital Printing Specialist. Shop 21 1 Lochard DN. Torquay VIC 3228 ph: (03) 5261 4450

m s i a n Kina Ptv. Ltd.

; Quality Corporate Displays Signage With Fast ' Reliable Turnaround.

156 Pac~dc Hwy, St Leonards NSW 2065 ph: (02) 9906 6507

corporate Sians

1 Reception Signage -Building Directories - j Exterior Signage

15 Beresford Ave, Chatswood NSW 2067 . ph: (02) 9413 4330

m ~ o t a l Sian Co.

Providing You With Dynamic Visual Communication All Signs Are Custom Made To Suit Your Individual Requirements, And We Guarantee Our Work In Writing.

, Units 2 & 3, 194 Balcana Rd. Balcatta WA 6021 i ph: (08) 9345 3240

m ~ r o a d l e v Sians

t To Us, Quality Is A Way Of Life. 81 Fern St, Islington NSW 2296 ~ h : 1800 358 665

allw write Sians

Click Here For All Your Signage Requirements 18 Mountain Drv, Mooroolbark VIC 3138 ph: (03) 8728 5494

m ~ d v a n c e d Airbrush Murals 8 Sians Ptv Ltd

: CorporatelSmall Business Signs, All Airbrush Artwork, Digital Imaging

' U1115 Production PI. Janiisontown NSW 2750

; ph. 1300 733 165

~ ~ i s p ~ a v Craft

Search results for signage in All States - Yellow Pages0

! Printing, Signage & Graphics Solut ions

i POS slgnage- Metal signs- Digitally printed fabrics- Banners- Self standing displays- OFfice signage- Shop fronts- Window graphics

40 Caswell St, East Brisbane QLO 4169 ' ph: (07) 3391 4069

m ~ c t i v e Display G r o u ~

23 Fiveways Blv. Keysborough VIC 3173 ph: (03) 9701 5559

=Alpha Lewis Sians & Diaital Printinq

, G o Direct - Where Everyth ing I s Done In-House

We do ~t all! Digital printing, neons & light boxes, vehicles, i lettering & more.

242 Dryburgh St, North Melbourne VIC 3051 1 ph: (03) 9329 1244

1 ~ o t i f Sians

I Vehicle Signs, S h o p 8 Factory Signs,3D : Letters,Digital Pr int ing & More

, We will guarantee to use the correct material for your j sign ... so that it looks good for years ... and definitely will not i fall off

i 71 6 Jindalee PI. Riverwood NSW 2210 I ph: (02) 9584 951 1

)Melbourne Sianaae Concepts

c

; O u r Experience Makes U s Melbourne's Premier ! Signage Solut ions Company.

i Call MSC now and get your Rnt consultation FREE1

: 51 14 Apollo Crt, Blackbum VIC 31 30 f ph: (03) 9429 9458

m s t i c k On Sians Ptv Ltd

1 Magnets, Lettering, Bus iness Cards, Signs, i Flags, Mouse Mats ...

93 Hawthom Rd, Caulfleld VIC 3162 : ph: (03) 9528 4706

i Our Experience Makes U s Melbourne's Premier t Signage Solut ions Company

j 51 14 Apollo Crt. Blackbum VIC 3130 ; ph: (03) 9429 9458

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Search results for signage in All States - Yellow Pages@

1 Maior Media Ptv. Ltd.

Signage Solutions Austral ia Wide

99 Bakehouse Rd (via 50 Lloyd St), Kensington VIC 3031 ph: (03) 8689 8088

m ~ n o m a d Sians & Graphics

The Complete Signs & Graphics Studio For Al l Your Signage Needs

28 Blandford St, Collaroy NSW 2097 ph: (021 9972 3833

M A l a n Burns Sians Ptv Ltd

' A l l Corporate & General Signage

Specialising in 3D cut out lettering, photo quality banners & displays illuminated signage-complete vehicle graphics-air

. brushing

14 Heim Rd, Ballarat VIC 3350 ph: (03) 5335 6397

he Sian Makers

129 Wright St. East Devonport TAS 7310 ph: (03) 6427 9655

m ~ l ~ e r t h Stripes 8 Sians

Experience & Innovat ion In Signwr i t ing Applications

Fast turnaround, all work done in house. Fleet veh~cle specialists, large stock range, solvent printing, qualified staff.

' Un~t 1 I 2 Mulgul Rd. Malaga WA 6090 ph. (08) 9249 9393

m ~ a l l m a r k Sians.

Manufactured Local ly In O u r Factory. Signwriting. Shops. Offices.

Factories vehicles, corporate, illuminated, signs

5 Camden St, Belmont WA 6104 ph (08) 9277 71 75

m ~ l ~ s c o t Sian Company

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notification of exclusive dealing€¦ · 4461 results for signwriters. all states isaunders sian...

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