The ACCC has taken action against Coles Supermarkets, claiming that the supermarket giant engaged in unconscionable conduct against its own suppliers.
The ACCC claims that Coles tried to ensure profits by forcing suppliers to provide goods at lower prices, force suppliers to pay Coles for “profit gaps” caused by waste or discounts necessary to clear product, and took advantage of their superior bargaining power over smaller businesses.
The case has the potential to disambiguate the law surrounding unconscionable conduct, according to Sally Scott, partner at law firm Hall & Wilcox.
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