Avoiding liability for resale price maintenance

It was held in Australian Competition and Consumer Commission v Mitsubishi Electric Australia Pty Ltd [2013] FCA 1413 (ACCC v Mitsubishi) that resale price maintenance (RPM) refers broadly to conduct of suppliers in attempting to induce distributors or resellers of their goods not to resell them at a price less than that which is prescribed by the supplier.  Section 48 of the Competition and Consumer Act 2010 (Cth) (Act) states that: [Read more…]

Resale price maintenance

Businesses (Suppliers) that sell their goods via distribution networks (Distributors), who in turn sell them to third party consumers need to take care to ensure that they do not engage in conduct amounting to resale price maintenance.  In Australia, this method of ‘resale’ and ‘resale price maintenance’ is subject to the law imposed by the Competition and Consumer Act 2010 (Cth) (Act). [Read more…]

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