we act for e&j gano winery. 2. cheque in the amount of $200.00. · australian wine market. in...
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17 February, 2014
Australian Competition and Consumer CommissionGPO Box 520Melbourne Vie 3001
RMD:2014015
Exclusive Deal'ngs Notifications - E & J Gallo Winery
Our Ref:
Re:
Dear Sirs,
We act for E&J GaNo Winery.
Please find *enclosed the foilowing documents for your attention.
1. Two Exclusive Dealing Notifications by our client pursuant toSection 93(1) of the Competition and Consumer Act 2010(Cth) ("the Act");
2. cheque in the amount of $200.00.
As you will see, these notifications are iodged in respect of conduct whichmay constitute exclusive deaiing under sections 47(6) and 47(7) of theAct.
In general terms, our client is proposing to concentrate the distribution ofits "BAREFOOT" brand range of wines in Australia through one distributorbeing Robert Oatley Vineyards. The wine to be distributed will be in partsupplied to Robert Oatley Vineyards direct from Gallo and in part by winegrown or procured and bottled and labelled by Australian VintageLimited. The wine bottled by Australian Vintage Limited will be requiredby Gallo to be supplied exclusively to Robert Oatley Vineyards.
The conduct giving rise to the notifications is as follows:
1. The obligation on Australian Vintage Limited to supply all ofthe BAREFOOT brand wine bottled by it to Robert OatleyVineyards for further distribution; and
2. The obligation on Australian Vintage Limited to acquire bottles,cartons, labels, caps, shrink film, pallets, stretch wrap,shipping cartons and all other packaging materials required topackage wine labelled with the BAREFOOT trade mark fromsuppliers designated by Gallo.
DAVIES COLLISON CAVE
Davies Collison Cave Law Pty LtdIntellectual Property1 Nicholson Street
Melbourne Victoria 3000
Australia
GPO Box 4387
Melbourne Victoria 3001Australia
T +61392542888F +61392542880E mail@davies.com.auW www.davies.com.au
AusdocDX 30817ABN 94 117 510 031
In association with:
Davies Collison Cave
Patent and Trade Mark Attorneys
1 8 FEB 2014
- 2 - 17 February, 2014
Please contact us if you have any queries or require any further information.
With kind regards,
^
RODNEY DE BOOSDAVIES COLLISON CAVE LAW
* Att
421543 IOOC 17/2/14
Form G
Commonwealth of Australia
Competition and Consumer Act 2010 - subsection 93 (1)NOTIFICATION OF EXCLUSIVE DEALING
To 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 FOLLOW DIRECTIONS ON BACK OF THIS FORM
1. Applicant
(a) Name of person giving notice:(Refer to direction 2)
E. & J. Gallo Winery of 600 Yosemite Blvd, Modesto, CA 95354 USA("Gallo").
(b) Short description of business carried on by that person:(Refer to direction 3)
Gallo produces and sells wine and other alcoholic beverages.
(c) Address in Australia for service of documents on that person:
C/- Davies Collison Cave Law of Level 15, 1 Nicholson Street, Melbourne,Victoria, Australia 3000
Attention: Rodney De Boos
2. Notified arrangement
(a) Description of the goods or services in relation to the supply or acquisitionof which this notice relates:
Distribution Services
(b) Description of the conduct or proposed conduct:
Gallo is proposing to enter into a Trade Mark Licence Agreement withAustralian Vintage Limited ("AVL") to label wine with the Gallo"BAREFOOT" trade mark on condition that AVL sells such wine only toRobert Oatley Vineyards for the distribution of that wine.
(Refer to direction 4)
18 FEB 20U
Page 1 of 19
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)
Persons who supply distribution services for wine and other alcoholicbeverages.
(b) Number of those persons :
(i) At present time:
Gallo does not have a current bottler or distributor of its"BAREFOOT" brand wines in Australia.
(ii) Estimated within the next year:(Refer to direction 6)
1
(c) Where number of persons stated in item 3 (b) (i) is less than 50, their namesand addresses:
4. Public benefit claims
(a) Arguments in support of notification:(Refer to direction 7)
Provide details of those public benefits claimed to result or to be likely toresult from the proposed conduct including quantification of those benefitswhere possible.
Gallo wishes to use a single distributor in Australia (Robert OatleyVineyards), for all its "Barefoot" branded wines, whether they are producedin the US or in Australia. This arrangement gives Robert Oatley Vineyardsan incentive to sell and promote "Barefoot" brand wine to its customers,provides for efficiency in presentation and promotion of the brand toretailers, and gives retailers who wish to stock the brand a single point ofcontact for orders, price information, and brand promotions. Gallo believesthat this is the best way to make the "Barefoot" brand available toconsumers in the largest number of retail outlets.
(b) Facts and evidence relied upon in support of these claims:
The volume of "BAREFOOT" brand wine expected to be sold in Australiais relatively small in a highly competitive market characterised by a largenumber of brands (see paragraph 6(b) below). In order to focus thenecessary attention and energy in the distribution of a relatively smallvolume brand in such a market, a distributor needs to be selected as beingappropriate for the brand and then be given a sufficient incentive to devotethe necessary attention and energy required to successfully penetrate themarket.
Page 2 of 19
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):(Refer to direction 8)
The wholesale distribution of alcoholic beverages in Australia.
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)
Gallo does not consider that the notified conduct will result in or is likely toresult in any public detriment.
(b) Facts and evidence relevant to these detriments:
The relevant markets are highly competitive. There are large numbers ofwine growers and bottlers in Australia and a large number of potentialdistributors. In some cases, wine growers or bottlers will distribute theirwines direct to retail outlets. Gallo estimates that the sales of"BAREFOOT" brand wine will make up a very small part of the overallAustralian wine market. In Year 1, the total sales of "BAREFOOT" brandwine (including wine directly imported from Gallo by Robert OatleyVineyards) at the retail level are estimated to be 24,000 cases. In 2012,total wine sales in Australia were 60 million cases . [See *attached tablesfrom Wine Biz and the Australian Bureau of Statistics. The figure of 536.9litres for total wine sales in 2012 is the equivalent of nearly 60M 9 litrecases].
The relevant markets are comprised of a large number of suppliers ofdistribution services and a large number of persons seeking those services.The barriers to entry are not high and Gallo considers that the foreclosure ofthe insignificant volume of "BAREFOOT" brand wine from other potentialdistributors will have no adverse effect on competition and therefore willnot constitute a detriment to the public.
Finally, Gallo does not hold substantial market power in the market and theagreement with Australian Vintage Limited is being freely entered into andwithout any coercion. The opportunity being offered by Gallo is a packageof rights and obligations which Australian Vintage could reject if it saw nocommercial advantage in it.
Page 3 of 19
7. Further information
(a) Name, postal address and contact telephone details of the person authorisedto provide additional information in relation to this notification:
Name: Rodney De Boos
Address: Davies Collison Cave Law, Level 15, 1 Nicholson Street,Melbourne VIC 3000, Australia
Telephone: (03) 9254 2888
Dated: 17 February, 2014
Signed by/on behalf of the applicant
(Signature)
Rodney De Boos(Full Name)
Davies Collison Cave Law
(Organisation)
Consultant
(Position in Organisation)1 8 FEB m
Page 4 of 19
DIRECTIONS
1. In lodging this form, applicants must include all information, including supportingevidence that they wish the Commission to take into account in assessing theirnotification.
Where there is insufficient space on this form to furnish the required information,the information is to be shown on separate sheets, numbered consecutively 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 1 (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. If particulars of a condition or of a reason of the 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 entity givingthe notice is likely to deal in the course of engaging in the conduct at any timeduring the next year.
Provide details of those public benefits claimed to result or to be likely to resultfrom the proposed conduct including quantification of those benefits wherepossible.
Provide details of the market(s) likely to be affected by the notified conduct, inparticular having regard to goods or services that may be substitutes for the goodor service that is the subject matter of the notification.
Provide details of the detriments to the public which may result from the proposedconduct including quantification of those detriments where possible.
7.
8.
9.
Page 5 of 19
Winebiz | Wine Industry Statistics Page 1 of 4
biz.com.au
AUSTRALASIA'S WINE INDUSTRY POflTAL BY WlNETfTLES
Ciirrciil Is-sue Back
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Wine Industry Statistics
VilicullLii-f . Vintage . Domcslic Sales . exports Wine Stdcks . Wine ProdLiclion . Wine CuinpaniesWorld Compiirisons - Geotiraplnc IndiCiiliuns - Orfidjiisa^Lions . Information Sources . Slraic^v 2U25
Aiistraiian Domestic Wine Sales
. ALisit'tilidt) doinesiic bcvcr.ife \viiie Siiics and ininurts. bv ivpc* Doinc'ilic Siilcs oi'Auslruliiin table wine, by container tvne* Wine impons bv couiilf'v ol'oritiin
Auslrdlian dcmc-ilic beverage wine SEiles and imports, by type
2008 2009 2010 2011 2012 .^ ",."""" ,"" ^,, % of totalM'F Ml" ML" M]'.' ML" % <:han8e from 2011 bev'sate^'
Domestic sales ol'Auslralian wine
1'imillccl 17.2 16.3 16.3 17.5 15.7 -Kl.'l 2.9
Table 362 .183.2395.9392.3386.5-1.5 72.0
While 206.8212.'1219.5219.2214.8-2.0 40.0
Kcd/rosc 155.2170.7176.4173.1171.7-0.8 32.0
Sparkling 36.6 36.5 40.1 35.4 35.1 -0.9 6.5
Olhcr 11.7 13.8 18.5 18.6 17.1 -7.8 3.2
Tulal .127.54.iy.8.17(1.8.163.7.15.1.3-2.0 8^.6
htlp://www. winebiz.com.au/statistics/domestictablel 2.asp 14/02/2014
Page 6 of 19
Winebiz | Wine Industry Statistics Page 2 of" 4
Wine imporls
While Table <2L 27.9 32.0 32.3 34.1 40.9 20.1
Kud 'I able <2I. 7.9 8.8 8.9 10.3 12.4 19.4
Spiuklinji 8.3 9.6 8..1 9,0 IB.'I 15.9
TO'IAI. 53.3 62.2 6-1.3 67.0 82.5 23.2
Tolal Sales .179.7512.0535.1 530.7536.9 1.2
Source: Aiislralhin Bureau of'Slalislics. Cat No. 8504.0
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Winebiz Wine Industry Statistics Page 3 of~4
evOAK0409 200 737
2014 Wine Industry Directorypre-purchase special price
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Immediate accessto WID Online search
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http://www.winebiz.com.au/statistics/domestictablel2.asp 14/02/2014
Page 9 of 19
Page! of 10
8504.0 - Shipments of Wine and Brandy in Australia byAustralian Winemakers and Importers, Sep 2013Latest ISSUE Released at 11:30 AM (CANBERRA TjME) 21/11/2013
Summary
Main Features
NOTES
FORTHCOMING ISSUES
ISSUE (QUARTER) Release DateDecember 2013 20 February 2014March 2014 22 May 2014
DATA NOTES
There have been recent changes to the Harmonised Tariff Item Statistical Codes(HTISC) as of 1 January 2012. As a result of these changes the amount of dataavailable for imports has decreased. For more information about the HTISCchanges affecting this publication see Chapter 22 - Beverages, spirits andvinegar in the Combined Australian Customs Tariff Nomenclature and StatisticalClassification available at the Australian Customs and Boarder Protective Servicewebsite:http://www.customs.gov.au, or refer to Information paper: Changes toAHECC and Customs Tariff, 2012 (cat. no. 5368.0.55.017).
A significant change was observed in the reporting of bulk wine saies betweenthe June 2009 quarter and September 2009 quarter; however, the total impact isunquantifiable. Users should view quarterly movements during this period withcaution.
From the September quarter 2009, data relating to the export of Australianproduced wine is no longer included in this publication. Information regardingexport data can be obtained by contacting the National Information and ReferralService on 1300 135070.
Due to the seasonal nature of the data, quarterly movements are no longerincluded in commentary.
Further information on domestic sales and imports data is available bydownloading the time-series (original) spreadsheets:
. 1. Domestic Sales of Australian Wine, by container type
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Page 10 of 19
Page 2 of 10
2. Domestic Sales of Australian Wine and Brandy by Winemakers3. Domestic Sales of Australian Fortified Wine by Winemakers4. Imports Cleared, by Wine Type5. Total Wine Imports (Excluding Brandy) Cleared, by Selected Countries
ROUNDING
Where figures have been rounded, discrepancies may occur between sums ofthe component items and totals.
INQUIRIES
For further information about these and related statistics, contact the NationalInformation and Referral Service on 1300 135 070.
SUMMARY COMMENTARY
AUSTRALIAN TABLE WINE SALES
Total White and Red/Rose Table Wine
The September 2013 quarter estimate for white table wine was 53.6 million litres,which was 3.4% higher than the September 2012 quarter estimate, The estimatefor red/rose table wine in the September 2013 quarter was 46.8 million litres,which was 5.1% !ower than the September 2012 quarter estimate.
Table Wine, Glass Containers Less Than 2 Litres
The September 2013 quarter estimate for white table wine in glass containersless than 2 litres was 29.0 million litres, which was 6.3% higher than theSeptember 2012 quarter estimate. The September 2013 quarter estimate forred/rose table wine in glass containers less than 2 litres was 31.8 million litres,which was 2.9% lower than the September 2012 quarter estimate.
Table Wine, Soft Pack Containers
The September 2013 quarter estimate for white wine in soft pack containers was21.7 million litres, which was 8.7% higher than the September 2012 quarter salesestimate. The estimate of red/rose table wine in soft packs for the September2013 quarter was 11.3 million litres, which was 1.0% lower than the September2012 quarter estimate.
Table 1. DOMESTIC SALES OF AUSTRALIAN WINE, by wine containers
RED AND ROSE TABLEWHITE TABLE WINE WINE
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Page 3 of 10
2010-11
2011-12
2012-13
2012SeptemberQuarterDecemberQuarter
2013
March Quarter
June Quarter
SeptemberQuarter
Glass Soft Total(a)less packsthan
2 litres
Glass Soft Total(a)less packsthan
2 litres
Total Total Totaltable otherwine wine wine
'000 L '000 L '000 L '000 L '000 L '000 L '000 L TOOL
108253 98230219217 105484 49282173074 392291 71434
'000L
463724
109541 93440215533 108786 45994173209 388742 68558 ^113555 79356209901 119023 40253174877 384777 68320 ^
27243 19969 51803 32748 11365 49279 101082 16024
32339 20212 55798 31175 9715 43784 99581 22496
28141 18359 52269 23719 8340 35748 88017 14157
25832 20816 50031 31381 10833 46066 96097 15643
28967 21697 53579 31787 11254 46762 100341 16005
117106122077
102174111740116346
(a) Components do not add to total. The difference between components and totals is wine in'Other containers' (see Glossary).
Table 2. DOMESTIC SALES OF WINE AND BRANDY BY WINEMAKERS
Table Fortified Sparkling - Sparkling -Carbonated Other Brandy
'000 L
Bottle Bulkfermentationfermentation
'000 L(a)
'000 L(a)
'000 L
wine (b)products
'000 L '000 L '000 Lal
2010-112011-122012-132012
SeptemberQuarterDecemberQuarter
2013March QuarterJune QuarterSeptemberQuarter
392 291388 742384 777
101 082
99581
8801796097
100341
175021574814719
4238
3958
28273696
3899
196651836917688
3884
6836
36543314
4261
157111733718153
4041
6407
33694336
3650
136031239912395
2683
3884
33792449
495347105361
1 178
1409
9271 847
3038 1157
416388364
96
125
7173
94
(a) Spritzig table wines are included in table wine(b) Quantities on which excise duty was paid
Table 3. DOMESTIC SALES OF FORTIFIED WINE BY WINEIVIAKERS
Cream, Vintage, ruby Othercrusted/crusting and tawny fortified in
fortified in glass <2Land solera glass <2Lfortified in
Soft Otherpacks containers
Totalfortified
wine
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Page 12 of 19
glass <2L'000 L .OOOL .OOOL '000 L
2010-112011-122012-132012
SeptemberQuarterDecemberQuarter
2013MarchQuarterJuneQuarterSeptemberQuarter
1 657513429
np
np
np
np
np
444332993281
938
1 027
523
793
853
674377398
119
130
50
99
80
683869136531
np
np
np
np
"p
'000 L
389336473081
930
857
621
673
780
Page 4 of 10
.OOOL
175021574814719
4238
3958
2827
3696
3899
np not available for publication but included in totals where applicable, unless othenwise indicated
IMPORTS
Wine Imports (Excluding Brandy) Cleared for Home Consumption
In the September 2013 quarter, 20.6 million litres of wine were imported, valuedat $158.9 million. This represents a decrease of 9.0% in quantity and an increaseof 15.4% in value from the September 2012 quarter estimate. The average valueof wine cleared for home consumption in the September 2013 quarter was $7.70per litre, up from $6.25 in the September 2012 quarter.
Table 4. IMPORTS CLEARED, quantity by wine type
2010-112011-122012-132012
SeptemberQuarterDecemberQuarter
2013March QuarterJune QuarterSeptemberQuarter
Whitetable wine
<2L(a)'000 L
340814092840112
10325
12993
81118682
9879
Red/Rosetable wine
<2L.OOOL
103461234115352
3975
4685
32643428
4002
Sparkling
TOOL
89791040212287
2615
4586
27082378
2994
Total wine Brandy(excludingbrandy)(b)
'000 L '000 L al
670088251084331
22679
28456
1671316484
20631
465469470
122
197
8467
75
(a) White wine <2L includes carbonated wine(b) Total wine (excluding brandy) includes grape wine and grape wine product
Table 5. IMPORTS CLEARED, customs value by wine type
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Page 5 of 10
2010-112011-122012-132012
SeptemberQuarterDecemberQuarter
2013March QuarterJune QuarterSeptemberQuarter
Whitetable wine
<2L(a)$'000
227 308252 321259 886
64127
85815
51 68158262
67775
Red/Rosetable wine
<2L$.000
7792491503
106613
29254
28977
1958328800
35093
Sparkling
$'000
134 502144 450165 906
34102
72611
3062528567
42420
Total wine Brandy(excludingbrandy)(b)
$.000 $'000
470781 15861529838 16443576672 12973
141 842
202 782
110033122015
3666
4952
23801 975
158922 2898
(a) White wine <2L includes carbonated wine(b) Total wine (excluding brandy) includes grape wine and grape wine product
Table 6. TOTAL WINE IMPORTS CLEARED, by selected countries(a)
New ItalyPortugalSpainFranceGermany Chile SouthZealand
2010-112011-122012-132012
SeptemberQuarterDecemberQuarter
2013MarchQuarterJune QuarterSeptemberQuarter
45 445 6 688546547 17051 0758885
14 1941 931
173822886
95492 190
9 950 1 878
131951 749
Quantity ('000 L)
637 1 303 8 638 587 751516166711147 5883763658228213991 908 989
120 564 3416 164 232
200 710 4927 257 351
162 567 2888 229 265
176 441 2760 258 141
155 699 3655 170 180
Value (Customs Value) ($'000)
2010-11
2011-12
2012-13
2012SeptemberQuarterDecember
Quarter2013
March
Quarter
262 353
299 274
302251
3218034
67742
041
24187781
23188728
321711
516
146208162377190432
77 463 9 248
100686
58199
12786
10054
June Quarter 659039953
473306944595
844349176923
889 2 664 32 707
1 011229236207
31813203
3 2764 528
52223945
917 997
1 4031241
14451134
1 457 573
Total Total allAfrica othercountries
countries
14301 1353447
1 522
1 178
411
336
247
4394
3 125
5425
2015
2029
468
913
1 531 67 0091869 825112 095 84 332
535
565
452
543
582
22679
28456
16713
16484
20631
9065 470781
11535 529839
12625 576672
3066 141842
3380 202782
2473 110033
3706 122015
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Page 14 of 19
Page 6 of 10
SeptemberQuarter 82885 10
350 621369755625 851 642 746 3505 158922
(a) Total wine (excluding brandy) includes grape wine and grape wine product
About this Release
Presents information on the quantity of Australian produced wine (classified bytype - fortified, table, sparkling, etc) and brandy sales. Sales of table wine areclassified by container type for both white and red/rose table wine. Sales offortified wine are further classified by container type, with glass containers lessthan 2 litres split into cream, crusted/crusting and solera fortified; vintage, rubyand tawny fortified; and other. Includes original series for total domestic winesales; total white and red/rose table wine; white and red/rose table wine in glasscontainers less than 2 litres; and soft pack white and red/rose table wine. Alsoincludes imports cleared for home consumption.
Explanatory Notes
Explanatory Notes
EXPLANATORY NOTES
INTRODUCTION
1 The information shown in this publication for the domestic sales of Australianproduced wine is obtained directly from winemakers by means of a mailcollection. The brandy sales figures shown represent quantities on which exciseduty was paid, i.e. the quantity of brandy released for sale in litres of alcohol.Statistics relating to import clearances are based on information provided to theAustralian Customs Service by importers and their agents.
SCOPE AND COVERAGE
2 The information on domestic sales of Australian produced wine is obtainedfrom 120 winemaking enterprises with sales of 250,000 litres or more in either ofthe previous two financial years. These account for approximately 97% of totalwine sales. All sales data are collected on an Austraiia-wide basis only and statefigures are therefore not available.
IMPORTS
3 Figures relating to international trade in wine and brandy provide a basis forassessing the overall wine market. ABS procedures are designed to ensure thatsufficient editing is undertaken to guarantee the quality and integrity of tradestatistics to the ten-digit Harmonized Tariff Item Statistical Code level.
4 Imports cleared for home consumption comprise those goods entered for home
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Page 15 of 19
Page 7 of 10
consumption, together with goods cleared from Customs warehouses.
5 In order to retain stability in the time-series of data, the selection of countriesfor which imports data has been presented has been based upon the level ofannual imports from the previous financial year.
6 The value of imports is the Australian customs value. Goods are valued at thepoint of containerisation (in most cases) or the port of shipment, or at thecustoms frontier of the exporting country, whichever comes first.
7 The definition of Grape Wine has been taken from the Combined AustralianCustoms Tariff Nomenclature and Statistical Classification effective from January1, 2012, produced by the Australian Customs and Border Protection Service. Asper Chapter 22 - Beverages, spirits and vinegar - Additional Note 3 "grape wine"is a beverage that:(a) has an alcoholic strength by volume exceeding 1.15% vol but not exceeding22% vol; and(b) is the product of the complete or partial fermentation of fresh grapes orproducts derived solely from fresh grapes.A beverage does not cease to be the product of the complete or partialfermentation of fresh grapes or products derived solely from fresh grapes merelybecause grape spirit, brandy, or both grape spirit and brandy, have been addedto it.
8 The definition of Grape Wine Product has been taken from the CombinedAustralian Customs Tariff Nomenclature and Statistical Classification effectivefrom January 1, 2012, produced by the Australian Customs and BorderProtection Service. As per Chapter 22 - Beverages, spirits and vinegar -Additional Note 4 "grape wine product" is a beverage that:(a) has not had added to it, at any time, the flavour of any alcoholic beverage(other than wine) (whether the flavour is natural or artificial); and(b) if the beverage has had added to it ethyl alcohol used in preparing vegetableextracts, as mentioned in subparagraph (b)(ii) of Additional Note 4B - complieswith the following requirements:(i) the ethyl alcohol must only be used to extract flavours from vegetable matter'(ii) the ethyl alcohol must be essential to the extraction process;(iii) the ethyl alcohol must not add more than one percentage point to thealcoholic strength by volume of the beverage.
9 For detailed information on the Harmonised Tariff Item Statistical Codes and
Classifications refer to http://www.customs.gov.au
ACKNOWLEDGMENT
10 ABS publications draw extensively on information provided freely byindividuals, businesses, governments and other organisations. Their continuedcooperation is very much appreciated: without it, the wide range of statisticspublished by the ABS would not be available. Information received by the ABS istreated in strict confidence as required by the Census and Statistics Act 1905.
RELATED PUBLICATIONS
http://www.abs.gov.au/ausslats/abs@.nsf/PrintAllPreparePage? 14/02/2014
Page 16 of 19
Page Sof 10
11 Another ABS publication which may be of interest is the Australian Wine andGrape Industry (cat. no. 1329.0). This is a statistical compendium of Australia'swine and grape industries containing information on: area of vines and productionof grapes by state; wine production and grapes crushed by state; structure of thewine manufacturing industries; stocks of wine held by winemakers at 30 June;domestic wine sales; exports and imports of wine and consumption of wine.
12 Current publications and other products by the ABS are listed on the ABS website. The ABS also issues a daily Release Advice on the web site which detailsproducts to be released in the week ahead.
Glossary
GLOSSARY
Carbonated wine
Wine which has dissolved carbon dioxide and the carbon dioxide is addedartificially to the wine.
Cream, crusted/crusting and solera fortified
This item was known as Sherry previous to the release of September 2011 data.The name change is the result of a change to the Wine Australia Corporation Act1980.
Domestic sales
All sales of Australian produced wine by winemakers within the scope of thesurvey whether they be wholesale or retail sales. Excluded are inter-winery sales,bulk sales to other wineries, sales to ships' stores and the volume of importedwine blended with Australian wine and sold domestically.
Fortified wine
Wine to which grape spirit, brandy or both has been added, thereby addingalcoholic strength and precluding further fermentation. Fortified wine mustcontain at least 150 millilitres/litre and not more than 200 millilitres/litre ofethanol
at 20° Centigrade.
Grape spirit
Spirit obtained from the distillation of wine or by-products ofwinemaking or thefermented liquor of a mash of dried grapes and contains methanol in a proportionnot exceeding 3 grams per litre at 20° Centigrade of the ethanol content.
Grape wine
Refer to paragraph 7 of the Explanatory Notes.
Grape wine product
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Page 9 of 10
Refer to paragraph 8 of the Explanatory Notes.
Imports cleared for home consumption
Imported goods brought into the country for consumption or further processing,but excluding goods imported with the reasonable expectation of re-export withina limited time.
Other containers
All other wine packaging except glass containers less than 2 litres and softpacks. Included in this category are glass containers 2 litres or more, cans andbulk wine in tankers or other such containers.
Other wine products
Products such as vermouth, flavoured wine, cocktails, marsala, aperitif and tonicwines. De-alcoholised, low and reduced alcohol wines are also included.
Soft packs
A container type including all collapsible packs whether plastic or of othermaterial.
Sparkling
A product consisting of wine that by complete or partial fermentation of containedsugars has become surcharged with carbon dioxide.
Spritzig
A product consisting of wine that by fermentation contains a trace of carbondioxide. Spritzig wines contain significantly lower levels of carbon dioxide ascompared to sparkling wines.
Table wine
Table wine excludes; fortified, sparkling, brandy and other wine products.
Vintage, ruby and tawny fortified
This item was known as Port previous to the release of September 2011 data.The name change is the result of a change to the Wine Australia Corporation Act1980.
Abbreviations
ABBREVIATIONSABS Australian Bureau of Statisticscat. no. Catalogue numberHTISC Harmonized Tariff Item Statistical Classification
liltp://vvww.abs.gov.au/ausstats/abs@.nsf/PrintAllPreparePage? 14/02/2014
Page 18 of 19
Page 10 of 10
LLalML
litrelitres of alcoholmegalitre
© Commonwealth of Australia 2010
(ec)'Unless otherwise noted, content on this website is licensed under a Creative Commons Attribution 2.5 Australia Licence together with anyterms, conditions and exclusions as set out in the website Copyright notice. For permission to do anything beyond Ihe scope or this licc-nccand copyright terms contact us.
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Page 19 of 19
Form GCommonwealth of Australia
Competition and Consumer Act 2010 - subsection 93 (1)NOTIFICATION OF EXCLUSIVE DEALING
To 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 FOLLOW DIRECTIONS ON BACK OF THIS FORM
1. Applicant
(a) Name of person giving notice:(Refer to direction 2)
E. & J. Gallo Winery of 600 Yosemite Blvd, Modesto, CA 95354 USA("Gallo").
(b) Short description of business carried on by that person:(Refer to direction 3)
Gallo produces and sells wine and other alcoholic beverages.
(c) Address in Australia for service of documents on that person:
C/- Davies Collison Cave Law of Level 15, 1 Nicholson Street, Melbourne,Victoria, Australia 3000
Attention: Rodney De Boos
2. Notified arrangement
(a) Description of the goods or services in relation to the supply or acquisitionof which this notice relates:
Packaging and labelling materials for wine.
(b) Description of the conduct or proposed conduct:
Gallo is proposing to enter into a Trade Mark Licence Agreement withAustralian Vintage Limited ("AVL") to label wine with the Gallo"BAREFOOT" trade mark on condition that AVL acquires packagingmaterials (including bottles, cartons, labels, caps, shrink film, pallets,stretch wrap and shipping cartons) from suppliers designated in writing byGallo.
(Refer to direction 4)
1 8 FEB 2014
Page 1 of 19
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)
Persons who supply packaging and labelling materials for wine.
(b) Number of those persons :
(i) At present time:
Gallo does not have a current agreement with any person supplyingpackaging and labelling materials in Australia.
(ii) Estimated within the next year:(Refer to direction 6)
Gallo anticipates that once it enters into arrangements for the bottling,labelling and distribution of its "BAREFOOT" brand wines inAustralia that it will have arrangements with one or more suppliers ofpackaging and labelling materials for wine in Australia.
(c) Where number of persons stated in item 3 (b) (i) is less than 50, their namesand addresses:
4. Public benefit claims
(a) Arguments in support of notification:(Refer to direction 7)
Provide details of those public benefits claimed to result or to be likely toresult from the proposed conduct including quantification of those benefitswhere possible.
Our client's strategy is to present a unified brand image for its"BAREFOOT" brand wine to the Australian public. Our client plans to sellwine produced in California by Gallo and wine produced in Australia byAVL under the "BAREFOOT" brand. Our client believes that unifiedbranding is a cost efficient and effective way of defining the brand andcreating customer awareness for the product. The strategy entails ensuringthat all elements of the brand presentation and product packaging andlabelling are consistent so as to create a single customer experienceinvolving consistent quality and appearance. By specifying the suppliers ofthe various elements of the packaging for its "BAREFOOT" brandedproducts, our client is better able to ensure that its strategy is properlyimplemented and that the products meet the strict specifications and qualitystandards also imposed by our client in relation to its "BAREFOOT"branded products, whether produced in California or Australia.
Page 2 of 19
(b) Facts and evidence relied upon in support of these claims:
Unified branding and the specification of the suppliers for essentialelements of products to be labelled with a trade mark is not uncommon.Further, it is arguable that if Section 51(3)(c) of the Competition andConsumer Act 2010 was still effective, the proposed requirement would beexcepted from Section 47(6) of that Act because "...it relates to the kinds,qualities or standards of goods bearing the mark that may be produced orsupplied."
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):(Refer to direction 8)
The provision of packaging and labelling materials for wine in Australia.
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)
Gallo does not consider that the notified conduct will result in or is likely toresult in any public detriment.
(b) Facts and evidence relevant to these detriments:
The relevant markets are highly competitive. There are a large number ofsuppliers of packaging and labelling materials in Australia and a relativelylarge number of customers for those materials. Furthermore, the estimatedproduction of 24,000 cases of BAREFOOT brand wine when compared tototal wine sales in Australia in 2012 of some 60 million cases is aninsignificant proportion. [See *attached tables from Wine Biz and theAustralian Bureau of Statistics. The figure of 536.9 litres for total wine salesin 2012 is the equivalent of nearly 60M 9 litre cases.].
No potential suppliers of packaging materials will be foreclosed from themarket by reason of the proposed provision.
Page 3 of 19
7. Further information
(a) Name, postal address and contact telephone details of the person authorisedto provide additional information in relation to this notification:
Name: Rodney De Boos
Address: Davies Collison Cave Law, Level 15, 1 Nicholson Street,Melbourne VIC 3000, Australia
Telephone: (03) 9254 2888
Dated: 17 February, 2014
Signed by/on behalf of the applicant
(Signature)
Rodney De Boos(Full Name)
Davies Collison Cave Law
(Organisation)
Consultant
(Position in Organisation)
Page 4 of 19
DIRECTIONS
1. In lodging this form, applicants must include all information, including supportingevidence that they wish the Commission to take into account in assessing theirnotification.
Where there is insufficient space on this form to furnish the required information,the information is to be shown on separate sheets, numbered consecutively 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 1 (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. If particulars of a condition or of a reason of the 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 entity 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, inparticular having regard 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 where possible.
421542
Page 5 of 19
Winebiz | Wine Industry Statistics Page 1 of 4
biz.com.au
AUSTRALASIA'SWINE fNOUSTRY PORTAL BY WtNETfTLES
Current Issue Rack
[.Siiues SubscribeAclvcflisc 17flilonal(i rape & rawer &
Winciitiiker
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Viliculluri; . Vinlaee . llomcslic Sales [;xpons Wine Stocks . Wine I'rnduclion Wini: CuinnaniesWorld Cumoarisons Geeerapliic liidiciiliuns . Oreanisalions Intormalion Soiirces Sl^!]lce^ 2025
Australian Domestic Wine Sales
* Ai.istnilitin domL-siic btjs'crdt.'e wiiic s;iics and impons, bv ivpc. pomeslic sules ol'Au.stniliiii^tablc wine. bv containef type* Wine impons by couiiliy ol'oj-iy.m
Auslralian doincslic beverage wine sales and imports, by type
2008 2009 2010 2011 2012 ^ ^^ ^ ^, , % of totalM'F Ml" ML" Ml'.' ML" %cha"6e from 2U11 bevsaies'
Domestic sales ol'Aii.slralian wine
lurlilicd 17.2 16.3 16.3 17.5 15.7 -10.4 2.9
labli: 362 383.23V5.9392.3386.5-1.5 72.0
While 206.8212.4219.5219.2214.8-2.0 40.0
Kcd/rose 155.2170.7176.4173.1171.7-0.8 32.0
Sparkline 36.6 36.5 40.1 35.-1 35,1 -0.9 6.5
Olhcr 11.7 13.8 18.5 IS.6 17.1 -7.8 3.2
lulal .127.54.ty.ii.l70.ii.l63.7.15.1.3-2.U 84.6
htlp://www.winebiz.com.au/statistics/domestictablel2.asp 4/02/2014
Page 6 of 19
Winebiz | Wine Industry Statistics Page 2 of 4
Wine imports
While Table <2L 27.9 32.0 32.3 34.1 40.9 20.1
Red Table <21. 7.9 8.8 8.9 10.3 12.4 19.4
Spiuklinj; 8.3 9.6 8.4 9.0 10.4 15.9
TOTAI. 53.3 62.2 64.3 67.0 82.5 23.2
I'oliilSules 479.7512.1)535.1530,7536.91.2
Source: Aiislrtilian BurcaLi of'Slalislics, Cat No. 8504.0
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And more..,
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Winebiz Wine Industry Statistics Page 3 of 4
.M
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0409 200 737
I 2014 Wine Industry Directory] pre-purchase special price
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Immediate accessto WID Online search
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INDUSTR.YEC TORY
'jsass^CLICK HERE to Access
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Winebiz | Wine Industry Slalislics Page 4 of 4
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[w]winetitlesContact U'i I Advertise With Us I Abopt Winebjz I Privacy | Policies) Career Opportunities | SjtsnBU)Copyright 8 ] 995-201 4 Winetilles Ply Ltd (Division of Provincial Press Group). All Rights Reserved.
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Page 1 of 10
8504.0 - Shipments of Wine and Brandy in Australia byAustralian Winemakers and Importers, Sep 2013Latest ISSUE Released at 11:30 AM (CANBERRA TIME) 2^
Summary
Main Features
NOTES
FORTHCOMING ISSUES
ISSUE(QUARTER)December 2013March 2014
Release Date20 February 201422 May 2014
DATA NOTES
There have been recent changes to the Harmonised Tariff Item Statistical Codes(HTISC) as of 1 January 2012. As a result of these changes the amount of dataavailable for imports has decreased. For more information about the HTISCchanges affecting this publication see Chapter 22 - Beverages, spirits andvinegar in the Combined Australian Customs Tariff Nomenclature and StatisticalClassification available at the Australian Customs and Boarder Protective Service
website:http://www.customs.gov.au, or refer to Information paper: Changes toAHECC and Customs Tariff, 2012 (cat. no. 5368.0.55.017).
A significant change was observed in the reporting of bulk wine sales betweenthe June 2009 quarter and September 2009 quarter; however, the total impact isunquantifiable. Users should view quarterly movements during this period withcaution.
From the September quarter 2009, data relating to the export of Australianproduced wine is no longer included in this publication. Information regardingexport data can be obtained by contacting the National Information and ReferralService on 1300 135070.
Due to the seasonal nature of the data, quarterly movements are no longerincluded in commentary.
Further information on domestic sales and imports data is available bydownloading the time-series (original) spreadsheets:
« 1. Domestic Sales of Australian Wine, by container type
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Page 2 of 10
2. Domestic Sales of Australian Wine and Brandy by Winemakers3. Domestic Sales of Australian Fortified Wine by Winemakers4. Imports Cleared, by Wine Type5. Total Wine Imports (Excluding Brandy) Cleared, by Selected Countries
ROUNDING
Where figures have been rounded, discrepancies may occur between sums ofthe component items and totals.
INQUIRIES
For further information about these and related statistics, contact the NationalInformation and Referral Service on 1300 135 070.
SUMMARY COIVIMENTARY
AUSTRALIAN TABLE WINE SALES
Total White and Red/Rose Table Wine
The September 2013 quarter estimate for white table wine was 53.6 million litres,which was 3.4% higher than the September 2012 quarter estimate, The estimatefor red/rose table wine in the September 2013 quarter was 46.8 million litres,which was 5.1% lower than the September 2012 quarter estimate.
Table Wine, Glass Containers Less Than 2 Litres
The September 2013 quarter estimate for white table wine in glass containersless than 2 litres was 29.0 million litres, which was 6.3% higher than theSeptember 2012 quarter estimate. The September 2013 quarter estimate forred/rose table wine in glass containers less than 2 litres was 31.8 million litres,which was 2.9% lower than the September 2012 quarter estimate.
Table Wine, Soft Pack Containers
The September 2013 quarter estimate for white wine in soft pack containers was21.7 million litres, which was 8.7% higher than the September 2012 quarter satesestimate. The estimate of red/rose table wine in soft packs for the September2013 quarter was 11.3 million litres, which was 1.0% lower than the September2012 quarter estimate.
Table 1. DOMESTIC SALES OF AUSTRALIAN WINE, by wine containers
WHITE TABLE WINERED AND ROSE TABLE
WINE
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Page 3 of 10
Glass SoftTotal(a) Glass SoftTotal(a) Total Total Totalless packs less packs table otherthan than wine wine wine
2 litres 2 litres
'000 L TOOL '000 L '000 L TOOL '000 L '000 L WO L.ooo
2010-11
2011-12
2012-13
2012SeptemberQuarterDecemberQuarter
2013
463108253 98230219217 105484 49282173074 392291 71434 ^
457109541 93440215533 108786 45994173209 388742 68558 ^
453113555 79356209901 119023 40253174877 384777 68320 ^
11727243 19969 51803 32748 11365 49279 101082 16024 .jgg
12232339 20212 55798 31175 9715 43784 99581 22496 g^
102March Quarter 28141 18359 52269 23719 8340 35748 88017 14157 ^
111June Quarter 25832 20816 50031 31381 10833 46066 96097 15643 ^6SeptemberQuarter
11628967 21697 53579 31787 11254 46762 100341 16005 345
(a) Components do not add to total. The difference between components and totals is wine in'Other containers' (see Glossary).
Table 2. DOMESTIC SALES OF WINE AND BRANDY BY WINEMAKERS
Table Fortified Sparkling- Sparkling-Carbonated Other BrandyBottle Bulk
fermentationfermentation
2010-112011-122012-132012
SeptemberQuarterDecemberQuarter
2013March QuarterJune Quarter
SeptemberQuarter
'000 L
392291388 742384 777
101 082
99581
8801796097
100341
'000 L
175021574814719
4238
3958
28273696
3899
(a)'000 L
196651836917688
3884
6836
36543314
4261
(a)TOOL
157111733718153
4041
6407
33694336
3650
wine (b)products
.OOOL '000 L '000 Lal
136031239912395
2683
3884
33792449
495347105361
1 178
1 409
9271 847
3038 1157
416388364
96
125
7173
94
(a) Spritzig table wines are included in table wine(b) Quantities on which excise duty was paid
Table 3. DOMESTIC SALES OF FORTIFIED WINE BY WINEMAKERS
Cream, Vintage, ruby Othercrusted/crusting and tawny fortified in
fortified in glass <2Land solera glass <2Lfortified in
Soft Otherpacks containers
Totalfortified
wine
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Page 12 of 19
glass <2L'000 L '000 L '000 L TOOL
2010-112011-122012-132012
SeptemberQuarterDecemberQuarter
2013MarchQuarterJuneQuarter
SeptemberQuarter
1 657513429
np
np
np
np
np
444332993281
938
1 027
523
793
853
674377398
119
130
50
99
80
683869136531
np
np
np
np
np
'000 L
389336473081
930
857
621
673
780
Page 4 of 10
'000 L
175021574814719
4238
3958
2827
3696
3899
np not available for publication but included in totals where applicable, unless otherwise indicated
IMPORTS
Wine Imports (Excluding Brandy) Cleared for Home Consumption
In the September 2013 quarter, 20.6 million litres of wine were imported, valuedat $158.9 million. This represents a decrease of 9.0% in quantity and an increaseof 15.4% in value from the September 2012 quarter estimate. The average valueof wine cleared for home consumption in the September 2013 quarter was $7.70per litre, up from $6.25 in the September 2012 quarter.
Table 4. IMPORTS CLEARED, quantity by wine type
2010-112011-122012-132012
SeptemberQuarterDecemberQuarter
2013March QuarterJune QuarterSeptemberQuarter
Whitetable wine
<2L(a).OOOL
340814092840112
10325
12993
81118682
9879
Red/Rosetable wine
<2L'000 L
103461234115352
3975
4685
32643428
4002
Sparkling
'000 L
89791040212287
2615
4586
27082378
2994
Total wine Brandy(excludingbrandy)(b)
TOOL '000 Lal
670088251084 331
22679
28456
1671316484
20631
(a) White wine <2L includes carbonated wine(b) Total wine (excluding brandy) includes grape wine and grape wine product
Table 5. IMPORTS CLEARED, customs value by wine type
465469470
122
197
8467
75
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Page 5 of 10
2010-112011-122012-132012
SeptemberQuarterDecemberQuarter
2013March QuarterJune QuarterSeptemberQuarter
Whitetable wine
<2L(a)yooo
227 308252 321259 886
64127
85815
5168158262
67775
Red/Rosetable wine
<2L$.000
7792491 503
106613
29254
28977
1958328800
35093
Sparkling
$'000
134 502144 450165 906
34102
72611
3062528567
42420
Total wine Brandy(excludingbrandy)(b)
$'000 $'000
470781 15861529838 16443576672 12973
141842 3666
202 782 4 952
110033122015
23801 975
158922 2898
(a) White wine <2L includes carbonated wine(b) Total wine (excluding brandy) includes grape wine and grape wine product
Table 6. TOTAL WINE IMPORTS CLEARED, by selected countries(a)
New ItalyPortugalSpainFranceGermany Chile South Total Total allZealand Africa othercountries
countries
2010-112011-122012-132012
SeptemberQuarterDecemberQuarter
2013MarchQuarterJune QuarterSeptemberQuarter
454456688546547 17051 0758885
14 1941 931
173822886
95492 190
9 9501 878
131951 749
2010-11
2011-12
2012-13
2012SeptemberQuarterDecemberQuarter
2013March
QuarterJune Quarter
262 353
299 274
302251
3218034
67742
041
77 463 9 248
100686 12786
10054
65 903 9 953
58199
Quantity ('000 L)
637 1 303 8 638 587 7515161 66711 147 5883763658228213991 908 989
120 564 3416
200 710 4927
164 232
257 351
162 567 2888 229 265
176 441 2760 258 141
155 699 3655 170 180
Value (Customs Value) ($'000)
24187781 \w 31813203
23188728 ^ 327645283217 6\6 ^2° 52223945
473306944595 917 997
844349176923 14031241
889 2 664 32 707
1 011229236207
1 4451134
1 457 573
1 430 1 531 67 0091 135 1 869 825113 447 2 095 84 332
1 522
1 178
535 22 679
565 28 456
411 452 16713
336 543 16484
247 582 20 631
4394 9065 470781
3 125 11 535 529839
5425 12625 576672
2015 3066 141842
2029 3380 202782
468 2473 110033
913 3706 122015
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Page 6 of 10
^Sber 82885 3^ S21 3 597 55 625 851 G42 746 3505 158922(a) Total wine (excluding brandy) includes grape wine and grape wine product
About this Release
Presents information on the quantity of Australian produced wine (classified bytype - fortified, table, sparkling, etc) and brandy sales. Sales of table wine are'classified by container type for both white and red/rose table wine. Sales offortified wine are further classified by container type, with glass containers lessthan 2 litres split into cream, crusted/crusting and solera fortified; vintage, rubyand tawny fortified; and other. Includes original series for total domestic winesales; total white and red/rose table wine; white and red/rose table wine in glasscontainers less than 2 litres; and soft pack white and red/rose table wine. Alsoincludes imports cleared for home consumption.
Explanatory Notes
Explanatory Notes
EXPLANATORY NOTES
INTRODUCTION
1 The information shown in this publication for the domestic sales of Australianproduced wine is obtained directly from winemakers by means of a mailcollection. The brandy sales figures shown represent quantities on which exciseduty was paid, i.e. the quantity of brandy released for sale in litres of alcohol.Statistics relating to import clearances are based on information provided to theAustralian Customs Service by importers and their agents.
SCOPE AND COVERAGE
2 The information on domestic sales of Australian produced wine is obtainedfrom 120 winemaking enterprises with sales of 250,000 litres or more in either ofthe previous two financial years. These account for approximately 97% of totalwine sales. All saies data are collected on an Australia-wide basis only and statefigures are therefore not available.
IMPORTS
3 Figures relating to international trade in wine and brandy provide a basis forassessing the overall wine market. ABS procedures are designed to ensure thatsufficient editing is undertaken to guarantee the quality and integrity of tradestatistics to the ten-digit Harmonized Tariff Item Statistical Code level.
4 Imports cleared for home consumption comprise those goods entered for home
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Page 15 of 19
Page 7 of 10
consumption, together with goods cleared from Customs warehouses.
5 In order to retain stability in the time-series of data, the selection of countriesfor which imports data has been presented has been based upon the level ofannual imports from the previous financial year.
6 The value of imports is the Australian customs value. Goods are valued at thepoint of containerisation (in most cases) or the port of shipment, or at thecustoms frontier of the exporting country, whichever comes first.
7 The definition of Grape Wine has been taken from the Combined AustralianCustoms Tariff Nomenclature and Statistical Classification effective from January1, 2012, produced by the Australian Customs and Border Protection Service. Asper Chapter 22 - Beverages, spirits and vinegar - Additional Note 3 "grape wine"is a beverage that:(a) has an alcoholic strength by volume exceeding 1.15% vol but not exceeding22% vol; and(b) is the product of the complete or partial fermentation of fresh grapes orproducts derived solely from fresh grapes.A beverage does not cease to be the product of the complete or partialfermentation of fresh grapes or products derived solely from fresh grapes merelybecause grape spirit, brandy, or both grape spirit and brandy, have been addedto it.
8 The definition of Grape Wine Product has been taken from the CombinedAustralian Customs Tariff Nomenclature and Statistical Classification effective
from January 1, 2012, produced by the Australian Customs and BorderProtection Service. As per Chapter 22 - Beverages, spirits and vinegar -Additional Note 4 "grape wine product" is a beverage that:(a) has not had added to it, at any time, the flavour of any alcoholic beverage(other than wine) (whether the flavour is natural or artificial); and(b) if the beverage has had added to it ethyl alcohol used in preparing vegetableextracts, as mentioned in subparagraph (b)(ii) of Additional Note 4B - complieswith the following requirements:(i) the ethyl alcohol must only be used to extract flavours from vegetable matter'(ii) the ethyl alcohol must be essential to the extraction process;(iii) the ethyl alcohol must not add more than one percentage point to thealcoholic strength by volume of the beverage.
9 For detailed information on the Harmonised Tariff Item Statistical Codes andClassifications refer to http://www.customs.gov.au
ACKNOWLEDGMENT
10 ABS publications draw extensively on information provided freely byindividuals, businesses, governments and other organisations. Their continuedcooperation is very much appreciated: without it, the wide range of statisticspublished by the ABS would not be available. Information received by the ABS istreated in strict confidence as required by the Census and Statistics Act 1905.
RELATED PUBLICATIONS
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11 Another ABS publication which may be of interest is the Australian Wine andGrape Industry (cat. no. 1329.0). This is a statistical compendium of Australia'swine and grape industries containing information on: area of vines and productionof grapes by state; wine production and grapes crushed by state; structure of thewine manufacturing industries; stocks of wine held by winemakers at 30 June;domestic wine sales; exports and imports of wine and consumption of wine.
12 Current publications and other products by the ABS are listed on the ABS website. The ABS also issues a daily Release Advice on the web site which detailsproducts to be released in the week ahead.
Glossary
GLOSSARY
Carbonated wine
Wine which has dissolved carbon dioxide and the carbon dioxide is added
artificially to the wine.
Cream, crusted/crusting and solera fortified
This item was known as Sherry previous to the release of September 2011 data.The name change is the result of a change to the Wine Australia Corporation Act1980.
Domestic sales
All sales of Australian produced wine by winemakers within the scope of thesurvey whether they be wholesale or retail sales. Excluded are inter-winery sales,bulk sales to other wineries, sales to ships' stores and the volume of importedwine blended with Australian wine and sold domestically.
Fortified wine
Wine to which grape spirit, brandy or both has been added, thereby addingalcoholic strength and precluding further fermentation. Fortified wine mustcontain at least 150 millilitres/litre and not more than 200 millilitres/litre ofethanol
at 20° Centigrade.
Grape spirit
Spirit obtained from the distillation of wine or by-products ofwinemaking or thefermented liquor of a mash of dried grapes and contains methanol in a proportionnot exceeding 3 grams per litre at 20° Centigrade of the ethanol content.
Grape wine
Refer to paragraph 7 of the Explanatory Notes.
Grape wine product
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Refer to paragraph 8 of the Explanatory Notes.
Imports cleared for home consumption
Imported goods brought into the country for consumption or further processingbut excluding goods imported with the reasonable expectation of re-export withina limited time,
Other containers
All other wine packaging except glass containers less than 2 litres and softpacks. Included in this category are glass containers 2 litres or more, cans andbulk wine in tankers or other such containers.
Other wine products
Products such as vermouth, flavoured wine, cocktails, marsala, aperitif and tonicwines. De-alcoholised, low and reduced alcohol wines are also included.
Soft packs
A container type including all collapsible packs whether plastic or of othermaterial.
Sparkling
A product consisting of wine that by complete or partial fermentation of containedsugars has become surcharged with carbon dioxide.
Spritzig
A product consisting of wine that by fermentation contains a trace of carbondioxide. Spritzig wines contain significantly lower levels of carbon dioxide ascompared to sparkling wines.
Table wine
Table wine excludes; fortified, sparkling, brandy and other wine products.
Vintage, ruby and tawny fortified
This item was known as Port previous to the release of September 2011 data.The name change is the result of a change to the Wine Australia Corporation Act1980.
Abbreviations
ABBREVIATIONSABS Australian Bureau of Statisticscat. no. Catalogue numberHTISC Harmonized Tariff Item Statistical Classification
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LalML
litrelitres of alcoholmegalitre
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