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Woolworth has been accused by the competition watchdog of using ‘marketing magic’ with its pricing to mislead customers. The ACCC has alleged in the federal court that the supermarket giant promoted discounts on hundreds of products that were misleading, but Woolworths says it was driven by surging inflation.

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00:01First it was Coles, now its rival is being accused by the competition watchdog of misleading
00:07customers by using fake discounts.
00:09It reflects a real enforcement approach from the ACCC.
00:15The ACCC claims Woolworths broke its internal policies by placing 266 products on long-term
00:22specials.
00:23The case is focusing on 12, including an Oreo family pack that was on the prices dropped
00:28promotion for $3.50 for at least 696 days before the price was put up to $5 for 22 days,
00:36then
00:37dropped to $4.50, 29% higher than the previous regular price.
00:41It requires the ACCC to show that the pricing conduct was either misleading or likely to
00:49mislead.
00:49The court heard regular prices were on white labels, yellow tags indicated temporary specials,
00:55the red and white tag key to the promotional campaign.
00:59The ACCC barrister saying the subtle magic of the prices dropped message that draws the
01:05consumer in is to say the new stable price is lower.
01:09But the judge disputed whether customers would overthink these labels.
01:14Woolworths rejected the claims and said increases were driven by suppliers during a period of
01:19soaring inflation.
01:20Legal experts say this is an important case because if the law can ensure that supermarket
01:26prices are fair dinkum, it will have ripple effects across other products in the economy.
01:32And even if Woolworths is found to be pushing bogus discounts, experts say the supermarket chain
01:38will come out on top.
01:39It's an ironic thing, but there's a benefit for Woolworths if they lose this case and end
01:45up with genuinely honest prices.
01:48A high profile case during another cost of living crisis.
01:51Consideration of profitable cases.
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