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ARTICLE · 26 OCTOBER 2014

ACCC issues first-ever draft determination proposing to authorise resale price maintenance

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The ACCC's draft determination makes it clear that success in any future case will depend heavily on its particular facts.

AustraliaAntitrust/Competition Law
Mark McCowan
Mark McCowan
Alistair Newton
Alistair Newton
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In response to the first ever application for authorisation for resale price maintenance conduct, the ACCC has issued a draft determination proposing to grant a conditional authorisation. While this brings hope to long-suffering manufacturers, importers and wholesalers, those businesses should be mindful that the ACCC's draft determination makes it clear that success in any future case will depend heavily on its particular facts.

BACKGROUND

The practice of resale price maintenance (RPM) – which is broadly defined to include a variety of conduct aimed at preventing the resale of goods or services below a specified minimum price – is strictly prohibited under section 48 of the Competition and Consumer Act 2010 (Cth) (CCA).

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