The Australian Competition and Consumer Commission (ACCC) filed an appeal against the Federal Court’s judgment of dismissing its application to prevent Metcash from acquiring the Franklins supermarket business.

The ACCC was notified by Metcash that after the expiry of five business days Metcash considers itself free to agree with Pick n Pay to waive the condition requiring ACCC approval for its proposed acquisition of the Franklins supermarket business.

As a result, the ACCC applied to the Full Court for an interim injunction, which would restrain Metcash’s move until ACCC’s appeal is heard and determined.