A big green Woolworths logo and sign hanging above shopping market escalators.
Adobe Stock
The Market Online - At The Bell

Join our daily newsletter At The Bell to receive exclusive market insights

Supermarket giants Coles and Woolworths have opened their defences against allegations each promoted “misleading” discounts by claiming prices increased because food and grocery suppliers had requested them “in a period of sudden high inflation.”

The two heavyweight Australian supermarket, retail, and consumer chains have been accused of violating consumer law by the Australian Competition and Consumer Commission.

The ACCC claims Coles and Woolworths ran misleading “Down Down” and “Prices Dropped” campaigns respectively that allegedly included “illusory” discounts. Hand wash, coffee, Oreos, soft drink, and dog treats were among the 266 (for Woolworths) and 245 (Coles) items named in lodged court documents.

Separate court proceedings were formally opened against Coles Group Ltd (ASX:COL) and Woolworths Group Ltd (ASX:WOW) in September.

Things then finally got under way properly on Wednesday, with lawyers from each supermarket group appearing at a joint case management hearing at the Federal Court of Australia. There, Coles and Woolworths made it clear they plan to fight the blockbuster ACCC lawsuits; each case is now scheduled to appear before Federal Court Judge Michael O’Bryan in a date to be decided sometime in December.

During the same hearing, counsel for Woolworths, Cameron Moore SC, suggested the ACCC case was “misconceived” as he looked to refute the allegations.

Coles’ counsel, John Sheahan KC, argued similarly. “The ultimate discounted price, whether that was a genuine discount, has to be considered or assessed in light of the reality of the… (original) price… being the product of real cost increases imposed on a supplier which the supplier need to recoup,” he told the court.

“Because the implication, what we think is implicit in words like “illusory” or “genuine,” is that there was some artificiality in the (original) price. And we say no.”

Coles since lifted 1.28% to $18.14. Woolworths jumped 1.63% and has been $33.07.

Join the discussion: See what’s trending right now on Australia’s largest stock forum and be part of the conversations that move the markets.

The material provided in this article is for information only and should not be treated as investment advice. Viewers are encouraged to conduct their own research and consult with a certified financial advisor before making any investment decisions. For full disclaimer information, please click here.

wow by the numbers
More From The Market Online
London

With osteo Phase 3 trial at 50% recruitment, Paradigm Bio inks partnership with University of London

Paradigm Biopharma (ASX:PAR) has this week hit two big items out the park: first of all, hitting 50% recruitment

Terra hits multiple intersections at Southwest SW6 prospect; assays now due in next ~12 weeks

Terra Metals has hit multiple intersections of massive sulphides in drilling at the Southwest SW6 prospect…

Listen: HotCopper Wire Podcast #047 – Maybe just send an email next time, Albo

In this week’s HotCopper Wire episode, Isaac McIntyre and Jonathon Davidson break down (poke holes in) Albo’s national address from 7PM Wednesday, talk
The ASX Today feature image with a red bear (FALL) silhouette beside The Market Link column branding.

The ASX Today: Cautious optimism back to confident pessimism as Trump hints more war for longer

Greetings and welcome to a speedrun version of HotCopper’s The ASX Today.