Speaker A
Down, down, prices are down.
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Speaker B
Instantly recognizable and under fire.
Speaker B
This fame slogan is being scrutinized in court with the consumer watchdog claiming that Coles promoted fake discounts.
Speaker Allan Fels
It's the case of the century, the ACCC will certainly be feeling nervous.
Speaker Allan Fels
As would Coles.
Speaker B
The ACCC started investigating Coles and Woolworths when grocery prices were surging.
Speaker B
The watchdog was partially tipped off by savvy shoppers comparing supermarkets.
Speaker Paniora Nukunuku
Looks similar, corned beef though.
Speaker Paniora Nukunuku
The price of corned beef got me so riled up is because corned beef in my opinion is an item that should be staple, affordable, cheap.
Speaker B
The ACCC investigated more than 200 down-down products.
Speaker B
12 items are being scrutinized in court with the ACCC's lawyer alleging a tin of Nature's Gift dog food.
Speaker B
Sold for $4 for 296 days, was jacked up to $6 for one week, then dropped to $4.50 claiming a down-down promotion.
Speaker B
For Arnott's Shapes, a box was sold for $5 for 344 days.
Speaker B
Increased to $6.50 for 28 days, and then slashed to $5.50, 10% higher than the original price.
Speaker Prof. Jeannie Paterson
The argument of the ACCC is that's an illusory discount that people were misled.
Speaker Prof. Jeannie Paterson
Into thinking it was a genuine discount.
Speaker Garry Rich SC
Not fair dinkum.
Speaker B
That is not fair dinkum.
Speaker B
The ACCC's counsel said.
Speaker Garry Rich SC
Coles prices were not down, they were up.
Speaker B
Coles denies the allegations.
Speaker B
The supermarket's top lawyer argued its promotions are genuine, not illusory, and justified due to inflation.
Speaker B
With suppliers pushing for price increases.
Speaker Prof. Jeannie Paterson
Coles's case sits on the fine print.
Speaker Prof. Jeannie Paterson
I'd say that with the down-down campaign.
Speaker Prof. Jeannie Paterson
People weren't reading the fine print.
Speaker Emilia Terzon
Coles is facing a fine of more than $100 million, experts say, or even higher if the ACCC proves it intentionally misled its own customers.
Speaker B
As well as fines, Coles's reputation is on the line.
Speaker B
Trust in supermarkets is already diving.
Speaker C
Even if they say like down, down, I'm, I just don't consider that a special.
Speaker B
Woolworths will no doubt be watching closely.
Speaker B
It's also facing similar action from the ACCC in April.
