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Trade Practices Act 1974 (Cth)

Section 48
Resale Price Maintenance

The provision

A corporation or other person shall not engage in the practice of resale price maintenance.


Legislative history

None - introduced in current form with original 1974 Act.


Commentary

Resale price maintenance is defined in s 4 as the practice referred to in Part VIII of the Act (currently comprising sections 96-100).

RPM in Part VIII captures various forms of minimum RPM, both in relation to goods and services (including withholding supply as a result of failure to agree to or adhere to a RPM requirement). Maximum RPM is not prohibited (even if it substantially lessens competition). Section 97 provides that a person does not engage in RPM merely by providing a statement of recommended prices.

Relevant cases

ACCC v Navman Australia Pty Ltd [2007] FCA 2061

Relevant articles and books

Warren Pengilley, 'Resale price maintenance: An overview of the per se ban in light of recent court observations' (2008) 16 Competition and Consumer Law Journal 1-45 (includes an extensive bibliography of RPM articles and books)

Julie Brebner, 'Resale Price Maintenance - The Need for Further Reform' (2001) 9 Trade Practices Law Journal 18

Relevant guidelines

ACCC, Resale Price Maintenance, New for business (16 October 2007)