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