Coles, Woolworths debate how many products should be included in fake discount trial

The nation's supermarket giants will barter pinch nan title watchdog connected nan number of items to beryllium interrogated successful tribunal complete allegations they misled customers pinch clone discounts.

The Australian Competition and Consumer Commission (ACCC) has launched tribunal actions against Coles and Woolworths, alleging they collapsed user rule by bumping up prices connected definite products for little periods earlier lowering them again arsenic portion of Woolworths' "Prices Dropped" and Coles' "Down Down" promotions.

Those promotional prices - including dairy, pet food, individual care, coffee, medicine, lollies, cereal and family cleaning products - were little than during nan value bump, but higher than aliases nan aforesaid arsenic nan regular price, it alleges.

A Federal Court proceeding successful Melbourne coming heard disagreements complete nan number of sample products from some supermarkets that would beryllium included arsenic grounds successful nan trial.

Coles had agreed pinch 12 products - six chosen by nan ACCC, 3 people products and 3 of their choosing, barrister Nicholas De Young told nan court.

"We submitted and judge that was a reasonable proposal, but a infinitesimal earlier court, we heard they want to adhd an further four," he said.

De Young said nan further products could mean 3 aliases 4 much witnesses who will request to talk successful item astir nan value summation and promotional chat journeys those items had.

He questioned what attributes nan 4 items person that nan existing 12 don't.

Woolworths had projected six products, but barrister Ruth Higgins told nan tribunal nan ACCC had submitted 20 yesterday greeting earlier reducing nan number to 12 by that night.

"What we've been doing this greeting is trying to activity retired why those further products are projected and what quality those products make," Higgins said.

Barrister Michael Hodge said nan ACCC had projected a compromised position of 12 products for some companies, which would guarantee everything could beryllium captured.

Justice Michael O'Bryan urged nan parties to compromise, giving them until June 13 to finalise a database of agreed items.

"If we're southbound of 20, aliases moreover better, southbound of 15, past we're successful what I respect arsenic sensible territory for conducting an businesslike trial," he said.

The user watchdog is seeking a important punishment for nan alleged breaches, which they opportunity took spot complete 15 months.

Coles and Woolworths, which power a mixed two-thirds marketplace share, contradict nan allegations and opportunity nan ineligible cases are misconceived.

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