Following a request I wrote on behalf of newsXpress newsagents, the ACCC has decided to hold a pre decision conference with newsXpress and other interested parties about the MPA proposed trial of magazine supply rule changes. This is an opportunity for newsagents to be heard on the proposed magazine supply changes, an opportunity missed by those engaged with this project to now. Here is part of what the ACCC letter to newsXpress said:
As you may be aware, newsXpress Pty Ltd has requested that the Australian Competition & Consumer Commission (the ACCC) convene a conference in relation to the draft determination issued by the ACCC on 12 March 2015 proposing to grant authorisation A91472.
The ACCC will hold the conference on Thursday, 23 April 2015, at the ACCC’s Sydney office (Level 20, 175 Pitt Street, Sydney). Interested parties may also attend the conference via video link from ACCC offices in Melbourne, Adelaide, Brisbane, Perth, Hobart and Canberra. The conference will commence at 12pm AEST. ACCC Commissioner Dr Jill Walker will chair the conference.
I am sharing this to update to keep all newsagents abreast of representations being made in pursuit of a more equitable supply model for all newsagents.
Am I the only one here, who’s inner conspiracy theorist thinks that it’s conveniently on a Thursday when a lot of newsagents are dealing with magazine invoicing, labelling, and dealing with multitude of early returns due to oversupply????
Do we just come along?
Or do we have to RSVP somewhere???
Subaru the letter and other details are on the public register. There is a formal process involved.
Dear Sir or Madam
Re: Magazine Publishers of Australia application for authorisation A91472
– PRE-DECISION CONFERENCE
As you may be aware, newsXpress Pty Ltd has requested that the Australian Competition & Consumer Commission (the ACCC) convene a conference in relation to the draft determination issued by the ACCC on 12 March 2015 proposing to grant authorisation A91472.
The draft determination follows an application by the Magazine Publishers of Australia (MPA) for authorisation in respect of a pilot program to test and refine proposed changes to the current magazine distribution model with respect to newsagents. The ACCC concluded in its draft determination that overall it was satisfied that the public benefit flowing from the proposed pilot is likely to outweigh any anti-competitive detriment and proposed to grant authorisation to the application. A copy of the application and draft determination can be found on the ACCC’s website:
http://registers.accc.gov.au/content/index.phtml/itemId/1183386/fromItemId/278039.
A pre-decision conference provides a valuable opportunity for applicants and interested parties to make oral submissions to the ACCC about its draft determination.
The ACCC will hold the conference on Thursday, 23 April 2015, at the ACCC’s Sydney office (Level 20, 175 Pitt Street, Sydney). Interested parties may also attend the conference via video link from ACCC offices in Melbourne, Adelaide, Brisbane, Perth, Hobart and Canberra. The conference will commence at 12pm AEST. ACCC Commissioner Dr Jill Walker will chair the conference.
Under the Competition and Consumer Act 2010 (the Act), the conference may be attended by the applicant and other interested parties. If you wish to attend, you must notify the ACCC of your intention (if you have not already done so) by cob 16
April 2015 and briefly indicate why you or your company or organisation has an interest in the matter, as well as the city in which you wish to attend.
You can notify the ACCC by e-mail to: adjudication@accc.gov.au.
You should provide a contact name, phone number, and e-mail address so that you can be notified of any late changes to conference arrangements.
If you represent a company or organisation you should also provide a list of attendees and their position titles, and indicate who will be the chief spokesperson.
I would also note that, while conference participants may bring outside legal or other professional advisers to assist them, these advisers are not entitled under the Act to participate in conference discussions.
Attached for your information are procedures usually followed at pre-decision conferences.
A copy of this letter has been placed on the ACCC’s public register. If you require any further information in regard to the conference or wish to clarify whether you may be considered an ‘interested person’ within the terms of the Act, please do not hesitate to contact Hannah Ransom on (02) 6243 1255.
Are the written submissions still taken into account or does this conference take precedence?
Yes they are Peter.