ACCC proposes to deny authorisation to Bakers Delight to implement price tiers in new point-of-sale system

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Summary

On December 14, 2023, the Australian Competition and Consumer Commission (ACCC) released a draft determination proposing to deny authorisation to Bakers Delight Holdings Ltd to implement a price tiering system for promotional products in its new point-of-sale system. The system, which evaluates promotional discounts against a customer's shopping cart, does not allow individual Bakers Delight bakeries to interact with or modify products or prices. The ACCC is concerned that this system may limit franchisees' ability to make independent decisions, affecting their financial viability. The ACCC invites further submissions from Bakers Delight and its franchisees to help decide on the proposed conduct's public benefits and detriments.