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…]

Reseller agreements – order taker or fiduciary

A Reseller Agreement at its most basic is a contract that entitles one party the (Reseller) to sell, market, distribute, or lease a product or service of another (Grantor).  Reseller Agreements can also be called Distribution Agreements. [Read more…]

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