Written by Peters Ice Cream Ltd (‘Peters’), an Australian ice cream brand established in 1907 was recently penalised by the ACCC for anti-competitive conduct. The company is a major manufacturer of single-wrapped ice cream and frozen confectionary products, and has historically partnered with PFD Food Services to transport these products and distribute them.
The ACCC alleged that the transport agreement between these two companies for the supply of products to various Australian convenience and petrol retailers was anti-competitive. Specifically, the agreement required PFD to obtain consent from Peters Ice Cream to sell or distribute any single-wrapped ice cream or frozen confectionary products which competed with Peters Ice Cream products in Australia. Peters Ice Cream admitted that this conduct amounted to exclusive dealing and limited the competition in the market.
Peters was fined $12 million and ordered to pay a $250 000 contribution to the ACCC’s legal costs.