Nestlé Australia Ltd [2007] Acompt 2

AUSTRALIAN COMPETITION TRIBUNAL

NESTLÉ AUSTRALIA LTD [2007] ACompT 2

File No 7 of 2006

RE: APPLICATION by NESTLÉ AUSTRALIA LTD PURSUANT TO SECTION 101A FOR REVIEW OF AUSTRALIAN COMPETITION AND CONSUMER COMMISSION NOTICE UNDER SECTION 93(3) REGARDING NESTLÉ AUSTRALIA LTD'S EXCLUSIVE DEALING NOTIFICATION N31488

BY: NESTLÉ AUSTRALIA LTD (ABN 77 000 011 316)

Applicant

FRENCH J (Deputy President)

17 JANUARY 2007

PERTH

AUSTRALIAN COMPETITION TRIBUNAL No 7 OF 2006

RE: APPLICATION BY NESTLÉ AUSTRALIA LTD PURSUANT TO SECTION 101A FOR REVIEW OF AUSTRALIAN COMPETITION AND CONSUMER COMMISSION NOTICE UNDER SECTION 93(3) REGARDING NESTLÉ AUSTRALIA LTD'S EXCLUSIVE DEALING NOTIFICATION N31488

BY: NESTLÉ AUSTRALIA LTD (ABN 77 000 011 316)

Applicant

THE TRIBUNAL: FRENCH J (Deputy President) DATE: 17 JANUARY 2007

WHERE MADE: PERTH

THE TRIBUNAL RULES THAT:

1. The Applicant is hereby granted leave to withdraw its Application for Review No 7 of 2006 filed with the Australian Competition Tribunal (the Tribunal) on 24 August 2006.

2. The Application for Review No 7 of 2006 is hereby treated as withdrawn.

3. The date for return or destruction of confidential documents for the purposes of paragraph 5 of the Confidentiality Undertaking attached to the Tribunal's orders of 2 November 2006 is 7 February 2007.

4. ALDI and the Applicant will, by 7 February 2007, destroy or return to the party claiming confidentiality any confidential documents that were provided to them by the Australian Competition and Consumer Commission (the Commission) in accordance with direction 4 of the Tribunal's amended directions dated 15 September 2006, as well as all copies, extracts, notes or other documents recording the contents of those confidential documents or any information contained in them.