Justiceface
Justiceface
Jul 13, 2026
Australia

ACCC Blocks Coles' Acquisition in Kalgoorlie

The Australian Competition and Consumer Commission (ACCC) has blocked Coles Supermarkets Australia Pty Ltd from proceeding with its proposed lease of a vacant supermarket and liquor site in Kalgoorlie-Boulder, Western Australia. This decision, announced on 1 July 2026, marks a significant application of the new merger regime that commenced on 1 January 2026.

Background

Coles had notified the ACCC of its intention to lease a vacant supermarket and liquor site in Kalgoorlie-Boulder. The notification was made in November 2025, prior to the mandatory notification requirement under the new merger regime. The ACCC conducted a Phase 2 assessment to evaluate the potential impact of the proposed acquisition on market competition.

ACCC's Findings

After thorough assessment, the ACCC concluded that the acquisition would likely substantially lessen competition in the retail supply of groceries by supermarkets in the Kalgoorlie region. The key concerns included:

  • Market Concentration: The acquisition would increase Coles' market share, potentially leading to reduced competition and higher prices for consumers.
  • Barriers to Entry: The entry of a major player like Coles into the vacant site could deter other competitors from entering the market, limiting consumer choice.

Implications for Businesses

This decision underscores the ACCC's commitment to maintaining competitive markets and serves as a reminder for businesses to:

  • Early Identification of Notification Requirements: Businesses should identify notification requirements early in the transaction planning process to ensure compliance with regulatory obligations.
  • Comprehensive Market Analysis: Conduct thorough market analysis to assess potential competition concerns and address them proactively.
  • Flexible Transaction Planning: Ensure transaction documents and timelines allow for extended ACCC reviews or potential adverse decisions.

By adhering to these practices, businesses can navigate the regulatory landscape more effectively and mitigate risks associated with mergers and acquisitions.