“The ACCC has considered this judgment carefully and decided not to appeal,” said ACCC Chairman, Rod Sims. “In particular, the ACCC has noted the acceptance by the Court of the evidence given by Woolworths executives, and the Court’s comments on the ACCC’s reliance on documents to establish its case. The ACCC will take these comments into account in its consideration of future cases on unconscionable conduct, including in the supermarket sector.”

“The ACCC will continue to monitor industry compliance with the Australian Consumer Law in addition to the new Food and Grocery Code of Conduct that came into full effect in July this year,” Sims added.

The ACCC said that it will not be deterred from pursuing claims of unconscionable conduct where appropriate, especially in relation to supply chain issues.