form · mastercard cardholders that purchase the qod electric golf trolley during this period will...

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Form G Commonwealth of Australia Competition and Consumer Act 2010 - subsection 93 (I) NOTIFICATION OF EXCLUSIVE DEALING To the Australian Competition and Consumer Commission: Notice is hereby given, in accordance with subsection 93 (l) of the Competition and 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. PLEASE FOLLOV/ DIRECTIONS ON BACK OF THIS FORM 1. Applicant (a) Name of person giving notice: (Refe, to direction 2) Oceania Lifestyle distribution Pty Ltd trading as QOD Golf International (b) Short description of business carried on by that person: (Refer to direction 3) I Manufacture, Distribution, Sale ancl Service of sporting goods including Electric Golf Trolleys (c) Address in Australia for service of documents on that person: Unit 6, 8-10 Burrows Road, St Peters, NSW 2044 2. Notified arrangement (a) Description of the goods or services in relation to the supply or acquisition of which this notice relates: QOD Golf International is entering into an agreement rvith MasterCarcl to offer card holders prornotions as lollows thlough theil Priceless Cities Program starting 1't May 2012: ) Offer A - Up until 3 I st July 2012, MasterCard car.dholders will exclusively be entitled to purchase the QoD Electric Golf Ttolley before the trolley is made available f'or sale to the general public in Austr.alia. MasterCard cardholders that purchase the QOD Electric Golf Trolley during this period will receive fi'ee of charge, an ertra l2 months' \ ¡arranty in addition to the standard 12 rnonth warranry oftèred b), the QOD golf International and a one-hour golf lesson at New south wales Golf club at Henry Head, Botany Bay National Park, La Perouse, Matraville NSV/ 2036 ("NSW Golf Club"). Offer B - Up until 3l't October 2012 MasterCard cardholders that purchase the QOD Electric Golf Trolley will exclusively receive free of charge, an extra 12 months' warranty in addition to the standard 12 month 1 AUST. GOhlPilT iíl{-.'¡{ ¿}. côñsùulen cûftiltoliss¡oN CANBERRA 1 1 t,lAY 2012 Page 1 of5

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Page 1: Form · MasterCard cardholders that purchase the QOD Electric Golf Trolley during this period will receive fi'ee of charge, an ertra l2 months' \ ¡arranty in addition to the standard

Form GCommonwealth of Australia

Competition and Consumer Act 2010 - subsection 93 (I)NOTIFICATION OF EXCLUSIVE DEALING

To the Australian Competition and Consumer Commission:

Notice is hereby given, in accordance with subsection 93 (l) of the Competition andConsumer Act 2010, of particulars of conduct or of proposed conduct of a kindreferred to subsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) of that Act in which theperson giving notice engages or proposes to engage.

PLEASE FOLLOV/ DIRECTIONS ON BACK OF THIS FORM

1. Applicant

(a) Name of person giving notice:(Refe, to direction 2)

Oceania Lifestyle distribution Pty Ltd trading as QOD Golf International

(b) Short description of business carried on by that person:(Refer to direction 3) I

Manufacture, Distribution, Sale ancl Service of sporting goods includingElectric Golf Trolleys

(c) Address in Australia for service of documents on that person:

Unit 6, 8-10 Burrows Road, St Peters, NSW 2044

2. Notified arrangement

(a) Description of the goods or services in relation to the supply or acquisitionof which this notice relates:

QOD Golf International is entering into an agreement rvith MasterCarcl to

offer card holders prornotions as lollows thlough theil Priceless Cities

Program starting 1't May 2012:

)

Offer A - Up until 3 I st July 2012, MasterCard car.dholders willexclusively be entitled to purchase the QoD Electric Golf Ttolley beforethe trolley is made available f'or sale to the general public in Austr.alia.MasterCard cardholders that purchase the QOD Electric Golf Trolleyduring this period will receive fi'ee of charge, an ertra l2 months' \ ¡arrantyin addition to the standard 12 rnonth warranry oftèred b), the QOD golfInternational and a one-hour golf lesson at New south wales Golf club atHenry Head, Botany Bay National Park, La Perouse, Matraville NSV/2036 ("NSW Golf Club").

Offer B - Up until 3l't October 2012 MasterCard cardholders thatpurchase the QOD Electric Golf Trolley will exclusively receive free ofcharge, an extra 12 months' warranty in addition to the standard 12 month

1

AUST. GOhlPilT iíl{-.'¡{ ¿}.

côñsùulen cûftiltoliss¡oNCANBERRA

1 1 t,lAY 2012Page 1 of5

lpfit
Typewritten Text
N95862
Page 2: Form · MasterCard cardholders that purchase the QOD Electric Golf Trolley during this period will receive fi'ee of charge, an ertra l2 months' \ ¡arranty in addition to the standard

warranty offered by the Merchant and a one-hour golf lesson at the NSWGolf Club.

(b) Descrþion of the conduct or proposed conduct:

Up until 31't October 2012 Cardholders wishing to take advantage of the

promotions will have to pay using their MasterCard.

(Refer to direction 4)

3. Persons, or classes of persons, affected or likely to be affected by thenotified conduct

(a) Class or classes of persons to which the conduct relates:(Refer to direction 5)

Cardholders purchasing through the MasterCard Offer will be affected as

the offer is only available if they use their MasterCard to Pay

(b) Number of those persons: '

(Ð At present time:

0

(iÐ Estimated within the next year:(Refer to direction 6)

500

(c) .Where number of persons stated in item 3 (b) (Ð is less than 50, their names

and addresses:

Not Applicable

4. Public benefit claims

(a) Arguments in support of notification:(Refer to direction 7)

Through the MasterCard promotion more people will be able to take

advantage of the Electric Golf Tlolley and improve their golf Game through

the fi'ee golf lesson and support of an electric golf trolley

(b) Facts and evidence relied upon in support of these claims:

Proposal provided by Mastercard Agents

Page2 of 5

Page 3: Form · MasterCard cardholders that purchase the QOD Electric Golf Trolley during this period will receive fi'ee of charge, an ertra l2 months' \ ¡arranty in addition to the standard

5. Market definition

Provide a description of the market(s) in which the goods or servicesdescribed aT 2 (a) are supplied or acquired and other affected marketsincluding: significant suppliers and acquirers; substitutes available for therelevant goods or services; any restriction on the supply or acquisition ofthe relevant goods or services (for example geographic or legal restrictions):(Refe, to direction 8)

Cardholders may be encouraged to purchase the brand new QOD electric

Golf Trolley released in Australia in }.lay 2012 rather than existing

traditional golf trolleys from competitors.

6. Public detriments

(a) Detriments to the public resulting or likely to result from the notification, inparticular the likely effect of the notified conduct on the prices of the goodsor services described at 2 (a) above and the prices of goods or services inother affected markets :

(Refer to direction 9)

None

Facts and evidence relevant to these detriments:(b)

Not applicable

7. Further information

(a) Name, postal address and contact telephone details of the person authorisedto provide additional information in relation to this notification:

Collin Hiss,220l1168 Kent Street, Sydney NSW 2000

April

Reynold Collin Hiss(Full Name)

1 1 t[/]f 2012

Page 3 of5

Page 4: Form · MasterCard cardholders that purchase the QOD Electric Golf Trolley during this period will receive fi'ee of charge, an ertra l2 months' \ ¡arranty in addition to the standard

Oceania Lifèst¡,'le distribution Pt¡, ¡1mtr.O(Organisation)

Director..(Position in Organisation)

Page 4 of 5

Page 5: Form · MasterCard cardholders that purchase the QOD Electric Golf Trolley during this period will receive fi'ee of charge, an ertra l2 months' \ ¡arranty in addition to the standard

DIRECTIONS

1. Inlodging this form, lrulicants must include all information, including supportingevidence that they wish the Commission to take into account in asJessing theiinotification.

where there is ins to furnish the required information,the information is heets, numbered consecutively anásigned by or on be

2' If the notice is given by or on behalf of a corporation, the name of the corporationis to be inserted in item 1 (a), not the name òf tne person signing the notìce, andthe notice is to be signed by a person authorised by the cotpo.utioñ to do so.

3' lescribe that part of the business of the person giving the notice in the course ofthe which the conduct is engaged in.

4. Ifparticularsof aconditionorof areasonofthetypereferredtoinsection 47 ofthe Competition qnd Consumer Act 2010 have been reduced in whole or in part towriting, 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 givingthe notice is likely to deal in the course of engaging in the conduct at anj timéduring the next year.

7. Provide details of those public benefits claimed to result or to be likely to resultfrom the proposed conduct including quantification of those benefits wherepossible.

8. Provide details of the marke(s) likely to be affected by the notified conduct, inparticular having legard to goods or services that may be substitutes for the goodor service that is the subject matter of the notification.

9. Provide details of the detriments to the public which may result from the proposedconduct including quantification of those detriments whére possible.

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