Federal Court of Australia
COMMONWEALTH OF AUSTRALIA
TRADE PRACTICES ACT 1974
TRADE PRACTICES TRIBUNAL No V1 of 1995
QIW LIMITED
Applicant
RE APPLICATION FOR REVIEW OF A DETERMINATION OF THE TRADE PRACTICES COMMISSION DATED 29 MAY 1995 TO GRANT AN AUTHORIZATION TO DAVIDS LIMITED IN RELATION TO THE PROPOSED ACQUISITION OF COMPOSITE BUYERS LIMITED
Lockhart J. (President), Dr M Brunt, Dr B Aldrich
17 October 1995
REASONS FOR DECISION
THE TRIBUNAL
CONTENTS Page 1. THE MATTER BEFORE THE TRIBUNAL 1.1 Introduction and the Commission's authorization 3 1.2 What was before the Commission for authorization; what did the Commission authorize and what is before the Tribunal? 7 2. THE PROCEEDING BEFORE THE TRIBUNAL 2.1 Participants 9 2.2 Conduct of the proceeding 10 3. THE RELEVANT LAW 3.1 The statutory provisions generally 15 3.2 Undertakings 26
10.
11.
12.
COMPANTES
4.1 Davids
4.2 CBL
4.3 QIw
4.4 Recent developments
LIQUOR DISTRIBUTION
THE GROCERY DISTRIBUTION INDUSTRY
6.1 The Australian industry
6.2 A history of structural change 39 6.3 Diversity in store size and character 6.4 Market share trends
STRATEGIC RESPONSES OF INDEPENDENT WHOLESALERS
General
Strategies to improve sales volume Strategies to secure retail sites Financial strategies 73 Industry rationalization strategies 76
NINN N OPWNE
WHOLESALE - RETAILER RELATIONSHIPS
8.1 The banner groups
8.2 Pricing
8.3 Wholesaler services to retailers 8.4 Banner management
THE IDENTIFICATION OF RELEVANT MARKETS
The Tribunal's task
9.1 9.2 Market definition
PRESENT COMPETITION AND MARKET POWER
10.1 Approach 10.2 Market structure 10.3 Market behaviour and performance
LIKELY BENEFITS AND DETRIMENTS TO THE PUBLIC
11.1 Test to be applied
11.2 Alternatives to be considered
11.3 Detriments 131 11.4 Benefits
CONCLUSION 144
THE MATTER BEFORE THE TRIBUNAL 3134 54 648187 92 103126
-3-
1.1 Introduction and the Commission's authorization This review concerns the proposed acquisition by Davids Limited ('Davids') of the issued shares and other securities of
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