Share on LinkedInShare on LinkedIn

ARTICLE · 21 JUNE 2024

Market Intelligence Thought Leadership Award Winner

Resale price maintenance continues to cause concern

Bartier Perry Solicitors
Explore more from Bartier Perry Solicitors

Resale price maintenance is when a supplier dictates a minimum price at which goods can be resold to consumers.

AustraliaConsumer Protection
Claire Perry (Formerly With Bartier Perry)
Claire Perry (Formerly With Bartier Perry)
Greg Blewitt
Greg Blewitt
Author LinkedIn connections

Resale price maintenance has become increasingly prevalent in the Australian market, raising concerns about a lack of understanding of this prohibition by manufacturers and suppliers.

Just last month, vehicle parts and accessories manufacturers, MSA 4x4 Accessories Pty Ltd and Offroad Animal Pty Ltd, each admitted to engaging in resale price maintenance conduct by directing resellers to not advertise or discount their products below a specified price. Each manufacturer entered into a court enforceable undertaking with the Australian Competition and Consumer Commission (ACCC) which required them to issue corrective notices to resellers, publish the notices on their websites and implement competition compliance programs.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

When “Down Down” Wasn’t Really Down - Federal Court Rules Against Coles

In its judgement delivered on 14 May 2026, the Federal Court has found that Coles engaged in misleading conduct in relation to its long-running “Down Down” promotion, accepting the ACCC’s case that many advertised discounts were not genuine. The Court held that 13 of the 14 sample “Down Down” tickets examined in the hearing conveyed false or misleading price discount representations because the stated “was” price had not applied for a reasonable period before the promotion.
AustraliaConsumer Protection
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

Federal Budget 2026–27: Key Tax Changes And What Clients Need To Know

On Tuesday, 12 May 2026, the Treasurer, Dr Jim Chalmers, handed down the 2026–27 Federal Budget. The Federal Budget introduces the most significant tax reforms aimed at reshaping how income and wealth are taxed in Australia. The Government is seeking to rebalance the system by reducing tax on income from work and increasing tax on income from assets, and then using that difference to fund personal tax relief and influence housing behaviour.
AustraliaTax
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

Dividend Payments - Key Issues For Australian Company Directors

Dividends are a common way for companies to distribute value to shareholders, but whether to declare or pay a dividend is not simply a commercial decision. Directors must ensure that any dividend complies with the Corporations Act 2001 (Cth) (Corporations Act), the company’s constitution and relevant governance requirements, while considering their duties to the company and its creditors.
AustraliaCorporate/Commercial Law
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

When “Down Down” Wasn’t Really Down - Federal Court Rules Against Coles

In its judgement delivered on 14 May 2026, the Federal Court has found that Coles engaged in misleading conduct in relation to its long-running “Down Down” promotion, accepting the ACCC’s case that many advertised discounts were not genuine. The Court held that 13 of the 14 sample “Down Down” tickets examined in the hearing conveyed false or misleading price discount representations because the stated “was” price had not applied for a reasonable period before the promotion.
AustraliaConsumer Protection
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

Shareholder Oppression - Protecting Your Rights As A Shareholder

When you invest your time, money and energy into a company, you expect to be treated fairly and to have your rights as a shareholder respected. But what happens when those rights are ignored, or worse, actively undermined? Shareholder oppression is a serious issue that can have significant financial implications. If you suspect that your rights are being compromised, it’s important to act promptly to protect your interests.
AustraliaCorporate/Commercial Law
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

The Fair Work Act Goes Global - When Overseas Employees Fall Under The Act

Australian courts are increasingly examining whether the Fair Work Act applies to employees working entirely overseas. A recent Fair Work Commission decision reveals that jurisdiction may hinge not on where an employee performs their duties, but on the technical question of where the employment contract was legally formed—with significant implications for employers managing remote and offshore workforces.
AustraliaEmployment and HR
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

Clerks Award WFH Decision - If It Ain’t Broke

The Fair Work Commission's Full Bench has published its decision on working from home arrangements for clerical employees, introducing a facilitative clause that maintains the current status quo. While the new clause formalizes the process for employees to request remote work arrangements, it notably rejects union proposals for a broad 'right to request' and employer proposals to significantly widen ordinary working hours, affirming that existing flexible work arrangements are largely functioning
AustraliaEmployment and HR
Bartier Perry Solicitors
Bartier Perry Solicitors