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ARTICLE · 15 OCTOBER 2012

What is Resale Price Maintenance and How Do I Avoid It?

In Australia, suppliers are unable to specify a minimum price below which goods or services are unable to be resold.

AustraliaConsumer Protection

Many companies involved in the direct selling industry in Australia conduct their business by way of a buy/resell model. (This is similar to other forms of distributorships.) In some countries, direct selling companies are able to specify a minimum price below which their independent distributors cannot resell or advertise the goods or services. However, this practice, which is known in Australia as “resale price maintenance”, is strictly prohibited in Australia under the Competition and Consumer Act 2010 (the Act) 1 .

What is “Resale Price Maintenance”?

Suppliers of goods and services in Australia are unable to specify a minimum price below which goods or services are unable to be resold. Independent contractors or distributors have the right to advertise and sell goods at any price they like.

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