MADGWICKS

The Australian Competition and Consumer CommissionGPO Box 3131Canberra ACT 2601

Dear Sir/Madam

Exclusive Dealing Notification

We act for Swisse Vitamins Pty Ltd (Swisse).

On behalf of Swisse, we enclose the following:

Date:

File No:Author:Partner:Your Ref:

28 June 2012

08593:01 571 1

Caroline ChanRick Goldberg

BY EXPRESS POST

1.

2.

Form G (Notification of Exclusive Dealing) duly signed by Swisse (including a copy of therelevant Agreement annexed to it); and

Our cheque for $100.00 in payment of the lodgement fee in this matter.

Please acknowledge receipt of the above by signing and returning to us the duplicate copy of thisletter.

lf you have any queries, please contact our Rick Goldberg or Caroline Chan.

Yours faithfullyMADGWICKS

Email: Caroline.Chan@madgwicks.com.au

Liability limited by a scheme approved under Professional Standards Legislation.

enc

cc: Adem KarafiliSwisse Vitamins Pty Ltd

cSeD 775

MadgwicksABN 82 '199 611 971

Level 33, 140 William StreetMelbourne VIC 3000Australia

T +61 392424744F + 61 3 9242 4777E madgwicks@madgwicks.com.auW www.madgwicks.com.au CM:458144

Iri

I

III

Form GCommonwealth of Australia

Competition and Consumer Act 2010 - subsection 93 (1)

NOTIFICATION OF EXCLUSIVE DEALINGTo the Australian Competition and Consumer Commission:

Notice is hereby given, in accordance with subsection 93 (1) 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

(u) Name of person giving notice:(Refer to directíon 2)

Swisse Vitamins Pty Ltd (ABN 62 004 926 005) ("Swisse")

36-38 Gipps Street, Collingwood, VIC 3066.

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

Supplier of multivitamins and health supplements.

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

C/- Madgwicks Lawyers, Level 33, 140 William Street Melbourne 3000

VIC

(Reference: Mr Rick Goldberg/ Ms Caroline Chan)

454394 Page 1 of6

2. Notífied arrangement

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

Promotional sale and distribution of 220,000 units of Swisse branded

Olympic scarves ("Scarves") on 2l JuIy 2012 for the purposes of raisingfunds for the Australian Olympic Committee ("Promotion").

Description of the conduct or proposed conduct:

Pursuant to a Sponsorship Agreement ("Sponsorship Agreement") madebetween Swissc and The Herald & V/eekly Times Pty Ltd (ABN 49 004113 937) (r'Hwr"), swisse appointed Hwr as victorian distributor of the

Scarves via FfWT's newsagency network. Under the Sponsorship

Agreement, HWT and Swisse agree that a purchaser of the Herald-Sunnewspaper from a mçmber of HWT's participating newsagent network on2l July 2012 will be cntitled but not obliged, to purchase a Scarf for arecommended retail price of $2.00 through presentation of a token which iscontained in a Herald-sun newspaper on 2l July 2012. The token must be

presented on2l July 2012 to be eligible. The Scarves are not available forseparate purchase.

A copy of the Sponsorship Agreement is attached ma¡ked ANNEXURE t.

(Refe, to direction 4)

3. Persons, or classes of pcrsons, affected or likety to bc affected by thenotified conduct

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

Potential purchasers of the Scarves.

(b)

(b)

(Ð

Number of those pcrsons:

At present time:

None.

4s4394 Page 2 of6

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

220,000.

(c) Where number of persons stated in item 3 (b) (Ð is less than 50, their namesand addresses:

Not applicable.

4. Public benefit claims

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

. Swisse is not in the business of selling scarves. This is a once-off

promotional supply for the purposes of raising funds for the

Australian Olympic Committee and at the same time promoting the

Swisse Vitamins brand as one of the sponsors of the Australian

Olympic team.

. If not for the Promotion under the Sponsorship Agreement, the

Scarves would not be available.

. The anangement provides consumers with the opportunity to obtain

the Scarves at a cost effective price, and the added benefit ofpromoting the Olympics and raising funds for the Australian

Olympic Committee.

. Consumers are not obliged to buy the Scarves so the Promotion has

no negative impact on consumers purchase of the Herald Sun

newspaper.

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

Please refer to the terms and conditions of the Sponsorship Agreement"

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 the

454394 Page 3 of6

relevant goods or services; any restriction on the supply or acquisition ofthe relevant goods or services (for example geographic or legal restrictions):(Refer to direction 8)

The market is that for scarves in Victoria. There are many other substitutes

for the Scarves in the market.

6. Public detriments

(a) Detriments to the public resulting or likely to result from the notification, inparticular the likely effect of the notified eonduct on the prices of the goodsor services described at2 (a) above and the prices of goods or services inother affected markets:(Refer to direction 9)

Swisse does not consider that any public detriment will arise as a result ofthe notified conduct.

Facts and evidence relevant to these detriments:

Not applicable.

7. F'urtherinformation

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

Adem KarafiliChief Financial Officer

Swisse Vitamins Pty Ltd

36-38 Gþps Street

Collingwood, VIC 3066

(b)

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Tel: (03) 9418 6762

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Signed by/onbehalf of

(Signature)

Í(pn /t{),tþttr'l/ I(Full Name)

çuØfîL L/lFlj r,1 r/rtí.(Organisation)

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454394 Page 4 of6

DIRECTIONS

1. In lodging this form, applicants must include all information, including supportingevidence that they wish the Commission to take into account in assessing theirnotiflrcation.

Wliere there is insufficient space on this form to furnish the required information,the information is to be shown on separate sheets, numbered gonsecutively andsigned by or on behalf of the applicant.

2. If the notice is given by or on behalf of a corporation, the name of the corporationis to be inserted in item I (a), not the name of the person signing the notice, andthe 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 ofthe which the conduct is engaged in.

4. Ifparticulars ofa condition or ofa reason ofthe type referred to in section 47 ofthe Competition and 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 entþ givingthe notice is likely to deal in the course of engaging in the conduct at any timeduring 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 market(s) likely to be affected by the notified conduct, inpartícular having regard to goods or services that may be substitutes for the goodor service that is the subject matter of the notiflrcation.

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

454394 Page 5 of6