The consumer watchdog will not appeal the Federal Court ruling that Woolworths did not act unlawfully in its “Mind the Gap” scheme.

The Australian Competition and Consumer Commission (ACCC) took the supermarket giant to court over a scheme that required top-up payments from suppliers.

“The ACCC has considered this judgment carefully and decided not to appeal,” said Rod Sims, ACCC chair.

“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,” said Siims. “The ACCC will take these comments into account in its consideration of future cases on unconscionable conduct, including in the supermarket sector.”

Sims said 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.

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

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