53Investigations by the Code Mediator—all other complaints

53 Investigations by the Code Mediator—all other complaints

(1) This section applies to a complaint that is not dealt with under section 52. (2) The Code Mediator’s investigation of the complaint: (a) must include consideration of the large grocery business’ obligation to deal lawfully and in good faith (see section 16); and (b) may include consideration of whether the large grocery business has acted fairly in dealing with the supplier. (3) For the purposes of paragraph (2)(b), the Code Mediator may take the following into account: (a) whether the large grocery business has acted in a way that denied the supplier the benefits of the relevant grocery supply agreement, or undermined those benefits for the supplier; (b) whether the large grocery business has acted in accordance with the legitimate and reasonable expectations of the supplier; (c) whether the large grocery business has had due regard to: (i) the nature of the relationship between the large grocery business and the supplier; and (ii) the individual characteristics of the supplier that were known, or ought to have been known, by the large grocery business.