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ARTICLE · 30 JUNE 2022

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A recap of ACCC recent competition law enforcement actions

Bartier Perry Solicitors
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Company directors should be aware that recent ACCC enforcement activity in the competition space has been diverse.

AustraliaAntitrust/Competition Law
Jennifer Shaw
Jennifer Shaw
Scott Homan (Formerly With Bartier Perry)
Scott Homan (Formerly With Bartier Perry)
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In the follow up to our earlier article on Consumer law, we now examine some key cases involving the ACCC in Competition law.

ACCC v Techtronic Industries Australia Pty Ltd (NSD1220/2021)

In November 2021, the ACCC commenced proceedings against Techtronic, a wholesaler of 'Milwaukee' power tools in Australia.

Between 2015 and 2021, Techtronic is alleged to have entered into 96 agreements with independent dealers and buying groups to restrict the sale of products below a specified minimum price. Practically, this meant that customers of Techtronic were precluded from setting their own prices for Milwaukee products.

It is alleged that Techtronic would issue reminders, warnings and breach notices to their wholesale customers for non-compliance if they sold below the minimum price. Additionally, on two occasions Techtronic is alleged to have actually withheld supply from its customers.

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