ACCC gives up the fight over Franklins


ACCC rules out appealing to the High Court to quash Metcash's takeover of Franklins

December 6, 2011

The Australian Competition and Consumer Commission has given up the fight over the Franklins supermarkets, ruling out an appeal to the High Court.

The ACCC has accepted last month’s Federal Court ruling permitting Metcash to acquire 85 Franklins supermarkets in NSW and the ACT.

The acquisition was announced in July last year and was due to be settled more than one year ago, but the ACCC opposed Metcash’s plans at every turn.

"The ACCC has carefully reviewed the Full Federal Court’s decision in the Metcash matter and decided that it will not seek special leave to appeal to the High Court," ACCC chairman Rod Sims says.

The Federal Court rejected the ACCC’s claims the takeover would reduce competition in the wholesale supply of groceries to independent retailers in NSW and the ACT.

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