our rsfarsncs Waterfront Place ECSIOEP.45126-9062664 1 Eagle Street OLD 4000 GPO Box 9925 OLD 4001 Tel(07) 3228 9333 Fax (07) 3228 9444 www.corrs.com.au

Sydney Melbourne 2 June 2009 Brisbane Perth

By express post

Partner Dr Richard Chadwick Eddie Scuden (07) 3228 9319 General Manager Ernall addle scuden@com corn au Adjudication Branch Australian Competition and Consumer Commission GPO Box 3131 CANBERRA ACT 2601

Dear Sir Notification of exclusive dealing relating to the Shed

We act for the Department of the Premier and Cabinet (DPC), which represents the State of Queensland (State).

Background The DPC is the lead agency in the responsible for coordinating the Q150 celebrations, a Queensland Government program which comprises numerous events, activities, and festivities throughout 2009 to celebrate the sesquicentenaty of Queensland's independence from New South Wales in December 1859. One element of the Q150 celebrations is the Q150 Shed, a specifically designed and constructed entertainment venue modelled on the classic Australian shearing shed, which will be transported to, and engage the local communities in. 13 locations across Queensland through June and July 2009 and October to December 2009. In the first Q150 Shed tour (in June and July 2009), the (2150 Shed will visit Mt Isa, Cairns, Townsville. Mackay, Rockhampton, and Matyborough. In the second Q150 Shed tour (in October to December 2009), the Q150 Shed will visit Caboolture, Blackall, Augathella, Cherbourg, Wanvick, the Gold Coast, and Brisbane. The State, through the DPC, has agreed with Major Brisbane Festivals Pty Ltd (MBF) for MBF to construct and operate the Q150 Shed.

Exclusive dealing The State, through the DPC, will supply services to MBF (including signage, marketing, a licence to use intellectual property, and, to the extent it may be a service under the Trade PracticesAct 1974 (Cth), funding) on the condition that MBF acquires beverages for supply in relation to the (2150 Shed exclusively from Q150 supporting partners and, through its catering contractor, make those beverages available for sale to members of the public attending the Q150 Shed events.

I - 3 JUN 2004 ' 1 2 June 2009 Australian Competition and Consumer Commission Notification of exclusive dealing relating to the (2150 Shed

The proposed Q150 supporting partners are: Clovely Estate Pty Ltd (supplying wine),

Castlemaine Perkins Pty Ltd (supplying~ ~~~ - beer), Coca-Cola Amatil Pty Ltd (supplying soft drinks from its "Kirks" range and water), and Diageo Australia Limited (supplying spirits). Though the State considers that the Q150 celebrations are a governmental activity and therefore it is not carrying on a business within the meaning of section 28 of the Trade Practices Act in relation to the celebrations, to avoid any doubt, the State wishes to notify the ACCC of the conduct under section 93 of the Trade Practices Act. We therefore attach a copy of a Form G notification for the conduct and a cheque for $100, the prescribed lodgement fee.

Public benefit The State considers that the notified conduct is likely to have a minimal detrimental impact on competition (if any): . The conduct relates only to the Q150 Shed, which will be operational for a total of 36 days in 13 locations across Queensland from June to December 2009, and no more than four days in any one location. The conduct relates only to the supply of beverages in the Q150 Shed (it does not extend to food) and sale of those beverages to members of the public attending Q150 Shed events, The Q150 Shed has a maximum capacity of 800 people per night (300 inside the (2150 Shed and 500 outside), which means that the conduct will affect a maximum of 28,800 people. . Accordingly, the conduct is unlikely to have any effect on the beverage market (either locally or more broadly). The State considers that the requirement for MBF to supply beverages acquired from Q150 supporting partners in the Q150 Shed has public benefits, including: . Supporting partners will provide money or in-kind contributions (or both) to the State, reducing the cost to the public of providing the Q150 celebrations (and the Q150 Shed). Indeed, without the contributions (financial and otherwise) of the Q150 sponsors, including the (2150 supporting partners, the Q150 Shed would not have been possible. . The State estimates that the Q150 Shed will provide significant economic benefits to regional Queensland communities, including through accommodation and food services. . By agreeing to exclusive supply terms with supporting partners, the State has been able to obtain beverages at lower prices, which means that members of the public attending the Q150 Shed will likely pay lower prices for beverages. . The State has been able to showcase four companies which are considered part of Queensland history in the (2150 celebrations. The DPC notes that the ACCC considered a similar notification in the context of the Melbourne 2006 Commonwealth Games (notification N91574, lodged 23 December 2004), and the ACCC allowed the notification to stand. The DPC also notes that the recent 2 June 2009 Australian Competition and Consumer Commission Notification of exclusive dealing relating to the (2150 Shed I

Sydney Opera House Trust notification (notification N93796, lodged 4 March 2009), which the ACCC allowed to stand, also covered, in part, the acquisition of food or beverage products from sponsors. The DPC submits that the ACCC should likewise allow this notification to stand. Please let me know if the ACCC has any queries about this notification.

Yours faithfully Corrs *ambers Westgarth

attachments Form G Commonwealth of Australia Trade Practices Act 1974 - subsection 93 (I) NOTIFICATION OF EXCLUSIVE DEALING To the Australian Competition and Consumer Commission: Notice is hereby given, in accordance with subsection 93 (1) of the Trade Practices Act 1974, of particulars of conduct or of proposed conduct of a kind referred to subsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) of that Act in which the person giving notice engages or proposes to engage. PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM 1. Applicant

(a) Name of person giving notice: (Refer to direction 2) d \14 007 The State of Queensland (State), acting through the Department of the Premier and Cabinet (DPC). (b) Short description of business carried on by that person: (Refer to direction 3) State government (to the extent it carries on a business). (c) Address in Australia for service of documents on that person: Corrs Chambers Westgarth Level 35 Waterfront Place 1 Eagle Street BRISBANE QLD 4000 2. Notified arrangement (a) Description of the goods or services in relation to the supply or acquisition of which this notice relates: Beverages. (b) Description of the conduct or proposed conduct: The State, acting through the DPC, will supply services to the operator of the Q150 Shed (including signage, marketing, a licence to use intellectual property, and, to the extent it may be a service under the Trade Practices Act 1974 (Cth), funding) on the condition that the operator acquires beverages for supply in relation to the Q150 Shed exclusively from Q150 supporting partners. (Refer to direction 4)

Page 1 of 5 3. Persons, or classes of persons, affected or likely to be affected by the notified conduct

(a) Class or classes of persons to which the conduct relates: (Refer to direction 5) The operator of the Q150 Shed. Though not directly subject to the exclusive dealing, the State considers that the following classes of persons are likely to be affected by the exclusive dealing: . the caterer of the (2150 Shed (engaged by the operator of the Q150 Shed) . Q150 supporting partners. (b) Number ofthose persons: (i) At present time: The operator of the Q150 Shed: 1. The caterer of the Q150 Shed: 1. The (2150 supporting partners: 4 (currently anticipated). (ii) Estimated within the next year: (Refer to direction 6) The operator of the Q150 Shed: 1. The caterer of the (2150 Shed: 1. The Q150 supporting partners: 4.

(c) Where number ofpersons stated in item 3 (b) (i)is less than 50, their names and addresses:

Operator of the Q150 Shed Major Brisbane Festivals Pty Ltd Level I,9 Wilson Street WESTEND QLD 4101

Caterer of the Q150 Shed Glenpitt Pty Ltd (trading as Wine & Dine'm Catering) PO Box 3897 SOUTH BRISBANE QLD 4101

Q150 supporting partners (currently anticipated) Clovely Estate Pty Ltd PO Box 51 1 RED HILL QLD 4059 Coca-Cola Amatil (Aust) Pty Ltd 71 Circular Quay North SYDNEY NSW 2000

Page 2 of 5 Castlemaine Perkins Pty Ltd Corner Black and Paten Streets MILTON QLD 4064 Diageo Australia Ltd Unit 28,Centro on James 19 James Street FORTITUDE VALLEY QLD 4006 4. Public benefit claims

(a) Arguments in support of notification: (Refer to direction 7) The requirement for the Q150 Shed operator to supply beverages to members of the public that have been acquired from Q150 supporting partners has public benefits, including: . Supporting partners will provide money or in-kind contributions (or both) to the State, reducing the cost to the public of providing the Q150 celebrations (and the Q150 Shed). Indeed, without the contributions (financial and otherwise) of the Q150 sponsors, including the Q150 supporting partners, the Q150 Shed would not have been possible. . The State estimates that the Q150 Shed will provide significant economic benefits to regional Queensland communities, including through accommodation and food services. • By agreeing to exclusive supply terms with supporting partners, the State has been able to obtain beverages at lower prices, which means that members of the public attending the Q150 Shed will likely pay lower prices for beverages. . The State has been able to showcase four companies which are considered part of Queensland history in the Q150 celebrations. (b) Facts and evidence relied upon in support ofthese claims: The State relies on the arguments set out in item 4(a). 5. Market definition Provide a description of the market(s) in which the goods or services described at 2 (a) are supplied or acquired and other affected markets including: significant suppliers and acquirers; substitutes available for the relevant goods or services; any restriction on the supply or acquisition of the relevant goods or services (for example geographic or legal restrictions): (Refer to direction 8) The market for the acquisition and supply of alcoholic and non-alcoholic beverages (which the State considers is likely to be a national market, with numerous large and small suppliers and substitutes). 6. Public detriments

(a) Detriments to the public resulting or likely to result from the notification, in particular the likely effect ofthe notified conduct on the prices of the goods

Page 3 of 5 or services described at 2 (a) above and the prices of goods or services in other affected markets: (Refer to direction 9) . Any detriment to the public will be inconsequential, particularly given the limited nature of the conduct: . The conduct relates only to the (2150 Shed, which will be operational for a total of 36 days in 13 locations across Queensland from June to December 2009. and no more than four days in any one location. . The conduct relates only to the supply of beverages in the (2150 Shed (it does not extend to food) and sale of those beverages to members of the public attending Q150 Shed events. The (2150 Shed has a maximum capacity of 800 people per night (300 inside the Q150 Shed and 500 outside), which means that the conduct will affect a maximum of 28.800 people. Accordingly, the conduct is unlikely to have any effect on the beverage market (either locally or more broadly).

(b) Facts and evidence relevant to these detriments: The State relies on the arguments set out in item 6(a). 7. Further information

(a) Name, postal address and contact telephone details of the person authorised to provide additional information in relation to this notification: Eddie Scuderi Partner Corrs Chambers Westgarth Level 35 Waterfront Place 1 Eagle Street BRISBANE QLD 4000 Phone: (07) 3228 9319 Fax: (07) 3228 9444 Email: [email protected]

Dated 2 June 2009. Signed on behalfn of the applicant

Eddie Scuderi Partner. Corrs Chambers Westgarth, solicitors for the State

Page 4 of 5 DIRECTIONS 1. In lodging this form, applicants must include all information, including supporting evidence that they wish the Commission to take into account in assessing their notification. Where there is insufficient space on this form to furnish the required information, the information is to be shown on separate sheets, numbered consecutively and signed by or on behalf of the applicant. 2. If the notice is given by or on behalf of a corporation, the name of the corporation is to be inserted in item 1 (a), not the name of the person signing the notice, and the notice is to be signed by a person authorised by the corporation to do so. 3. Describe that part of the business of the person giving the notice in the course of the which the conduct is engaged in. 4. If particulars of a condition or of a reason of the type referred to in section 47 of the Trade Practices Act 1974 have been reduced in whole or in part to writing, a copy of the writing is to be provided with the notice. 5. Describe the business or consumers likely to be affected by the conduct. 6. State an estimate of the highest number of persons with whom the entity giving the notice is likely to deal in the course of engaging in the conduct at any time during the next year. 7. Provide details of those public benefits claimed to result or to be likely to result from the proposed conduct including quantification of those benefits where possible. 8. Provide details of the market(s) likely to be affected by the notified conduct, in particular having regard to goods or services that may be substitutes for the good or service that is the subject matter of the notification. 9. Provide details of the detriments to the public which may result from the proposed conduct including quantification of those detriments where possible.

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