. NATIONAL OFFICE EQgle Boys DintA-Pizza AUSlrolio Ply Ud ACN 003169391 ABN 25003169391 Level I, 493 IPswich Rodd, Anner!ay QLD 41 03 FILE NG: PO Box 710, Annerley QLD 41 03 Phone: 1071 3373 I 000 Doc: Eon: 1071 3373/099 MARS/PRISM. WWW. eggleboys coin. ou 27 July 2012 Australian Competition and Consumer Commission GPO Box 3131 CANBERRA, ACT 2601 BY EMAIL: ad'udication accc. ov. au Dear Sir/ Madam RE: NOTIFICATION OF EXCLUSIVE DEALING (FORM G) Please find enclosed Notification of Exclusive Dealing (Form G) together with a cheque for $100 for the lodgement fee. It is intended that the enclosed Notification replace those Notifications currently in place in the name of Eagle Boys Dial-A-Pizza Australia Ply Ltd (being N94879 and N94066). If you have any questions, please do riot hesitate to contact me. Yours faithfully ()^ ^^ AN A TICHBORNE Corporate Counsel AUST. cor'~~~' ' N CONSU^*~ ; I JUL 1011 Form G Commonwealth of Australia Coinpet^tibn ond Consumer Act 2010 - subsection 93 (1) 11 ,. If O S NOTIFICATION OF EXCLUSIVE DEALING NO!SS! '19NOO ^ NQ - ~J J. SriV To the Australian Competition and Consumer Commission: Notice is hereby given, in accordance with subsection 93 (1) of the Competition ond Consumer Act 2010, 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. I. Applicant (a) Name of person giving notice: EAGLE BOYS DIAL-A-PIZZA AUSTRALIA PTY LTD ACN 003 16939, . of Level I, 4931pswich Road, Annerley, Queensland 4103 (Eagle Boys) Short description of business carried on by that person: ER Pizza IP Holdings Pty Ltd ACN 151537076 (Company) owns a unique system and image for the preparation and retail sale of high quality pizzas and other associated products using fresh and healthy ingredients under the "Eagle Boys Pizza" name (Business), The Company either owns or controls under licence the Eagle BOYS intellectual property which includes rights in certain valuable trademarks, logos and business names, including the network name, and includes a distinctive image which comprises designs and colour schemes for Business premises, signs, layouts, fixtures and fittings, uniforms and badges. The Company has granted a non- exclusive licence to Eagle BOYS to use the Eagle Boys intellectual property and to grant franchisees the right to operate an Eagle BOYS Business in Australia. (c) Address in Australia for service of documents on that person: Legal Department, Level I, 4931pswich Road, Annerley, Queensland 41.03. 2. Notified arrangement (a) Description of the goods or services in relation to the supply or acquisition of which this notice relates: The notification relates to the acquisition by Eagle BOYS Franchisees of: . Certain food products, including, pizza, desserts, pizza bases and garlic bread and other related products nominated by Eagle BOYS from time to time (Products); . Sauces, poultry and poultry products, seafood, various meats, spices, seasoning, flour, flour concentrate, vegetables, fruit, cheese and other ingredients necessary to make the Products tingredients); Beverages, such as bottled water, juice and soft drinks for resale (Beverages); . Boxes, cartons, containers, napkins, plastic cutlery and other items of packaging and cutlery used in the Eagle BOYS Business (Packaging); Page I of 8 Services for the provision of warehousing and distribution of Products, ingredients, and Packaging (Services); Machinery and equipment tinc!uding digital signage and media equipment) used in the conduct of the Business (Equipment); . Computer and point of sale systems, software, retail management systems, helpdesk support, ecommerce systems, mobile ordering systems and applications, email marketing systems, sins marketing systems, social media based systems, kiosk ordering systems, and other related information technology systems as nominated by Eagle BOYS from time to time (Information Technology Systems); Internet and network connections, computer hardware, and other related devices, such as printers, modems and equipment necessary to operate an Eagle Boys Business (Information Technology Hardware); . Telephony equipment, lines, messaging systems, support services and call centres (Telephony Systems); . Training services provided by Eagle Boys or its nominated supplier (Training); . Marketing material design and ordering systems, merchandising and branding services (including car livery) (Marketing Materials); . Store design services (Design Services I; . Store construction and project management services (Construction); . Centralised merchant banking facilities to facilitate credit card processing of customer payments from online ordering and disbursing to Franchisee's bank accounts payment Processing); and . Uniforms, for use in the Business and/ or supply to customers of the Business. Description of the conduct or proposed conduct: I. the conduct to which this notification relates is the requirement imposed by Eagle BOYS for Eagle Boys Franchisees to acquire Products, Ingredients, Beverages, Packaging, Services, Equipment, Information Technology Systems, Information Technology Hardware, Telephony Systems, Training, Marketing Materials, Design Services, Construction, Payment Processing and Uniforms from Eagle Boys or third party suppliers who have been approved by Eagle Boys (Approved Suppliersj. Eagle Boys Franchises are granted to Eagle BOYS Franchisees, on the condition, among other things, that the Eagle BOYS Franchisees agree to buy exclusively from the Franchisor or its nominated supplier the goods or services referred to in section 2(a). If Eagle BOYS Franchisees want to buy goods or services, referred to in section 2(a), from a supplier other than the Franchisor or an Approved Supplier, they are at liberty to do so, provided that the product is (as determined by the Franchisor in its absolute discretion): Page 2 of 8 a. at least equal in quality, size, cut and nutritional value to the food, beverage or product it substitutes; b. suitable for the purpose for which it is intended; and c. consistent with, and riot prejudicial to, the image or the standards of the Business. If Eagle BOYS considers it necessary, the Eagle BOYS Franchisee must submit a sample for testing so Eagle Boys can ensure that it meets Eagle BOYS' standards, including those of quality, taste and performance (if relevant). In making its decision, Eagle Boys is entitled to consider whether the proposed supplier: a. has the capacity and facilities to supply the Franchisee's needs in the required quantities and with the reliability necessary for the efficient conduct of the Business; and b. that the proposed supplier can guarantee all Eagle BOYS requirements as set out in clause 2(iv)(ayu)- The purpose of the conduct or proposed conduct (described above) is not to lessen competition in the relevant market(s) but to ensure: a. Consistency and quality in the Products, Ingredients, Beverages, Packaging, Services, Equipment, Information Technology Systems, Information Technology Hardware, Telephony Systems, Training, Marketing Materials, Design Services, Construction, Payment Processing and Uniforms used and/ or sold in the Business and to ensure that the Products, Ingredients, Beverages, Packaging, Services, Equipment, Information Technology Systems, information Technology Hardware, Telephony Systems, Training, Marketing Materials, Design Services, Construction, Payment Processing and Uniforms used and/ or sold in the Business in all markets meet Eagle Boys Standards. The quality of Products, Ingredients, Beverages, Packaging, Services, Equipment, Information Technology Systems, Information Technology Hardware, Telephony Systems, Training, Marketing Materials, Design Services, Construction, Payment Processing and Uniforms can vary significantly depending on the supplier. Consistency and quality of the goods and services referred to in section 2(a) are required to ensure brand protection for Eagle Boys' b. Consistency and quality in the supply of Products, Ingredients, Beverages, Packaging, Services, Equipment, Information Technology Systems, Information Technology Hardware, Telephony Systems, Training, Marketing Materials, Design Services, Construction, Payment Processing and Uniforms to Eagle BOYS Franchisees and customers of Eagle BOYS' This is assisted by having Approved Suppliers who are required by Eagle Boys to have strict quality checks and quality control measures. c. Strict quality assurance and that nutritional, allergenic and safety standards are complied with by Eagle Boys Franchisees. d. Consistency and quality in customer experience regardless of which Eagle BOYS Franchise customers buy the Products from. This gives the customer confidence that they will receive the same quality of product regardless of which store they purchase from. e, Supply of the Products, Ingredients, Beverages, Packaging, Services, Equipment, Information Technology Systems, Information Technology Hardware, Telephony Systems, Training, Marketing Materials, Design Services, Construction, Payment Page 3 of 8 Processing and Uniforms to Franchisees in the required quantities and with the reliability necessary for Eagle BOYS Franchisees to conduct the Business. Uniformity of the type, quality, compatibility and reliability of the Equipment, Information Technology Systems, Information Technology Hardware and Telephony Systems used by Eagle BOYS Franchisees. g. That the Equipment, Information Technology Systems, Information