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Tooltechnic Systems (Aust) Pty Ltd

Application for authorisation in respect of resale price maintenance
Authorisation number A91433 (5 December 2014)

Note: prior to expiration of the authorisation, Tooltechnic lodged an RPM notification with the ACCC (12 Feb 2018)



From ACCC register:

On 20 June 2014 Tooltechnic lodged an application seeking authorisation to amend its agreements with its Festool dealers to include a requirement for resellers to not sell any Festool product below a price(s) nominated by Tooltechnic (Proposed Arrangement). The implementation of the Proposed Arrangement will be the inclusion of a pricing clause in Tooltechnic's agreements with its dealers which will mandate dealers are not to sell any Festool product below a price(s) nominated by Tooltechnic.

On 21 October 2014 the ACCC issued a draft determination proposing to grant conditional authorisation in respect of the Proposed Arrangements for three years.

On 5 December 2014 the ACCC granted authorisation A91433 to Tooltechnic to set minimum retail prices on Festool products until 31 December 2018.

Despite the availability of authorisation for 20 years preceding this determination, this was the very first authorisation application to be lodged with the ACCC.

The key argument made in favour of granting authorisation was that it was necessary in order to prevent 'free riding' in relation to a product range which depended significant pre and post-sale service. The ACCC accepted that without the proposed RPM conduct free riding might occur and accepted that there was a 'market failure caused by free riding by some Festool retailers'. It considered the proposed conduct would limit free riding and this would result in public benefits which included customers making more informed decisions and ensuring customers would continue to be offered the choice of premium tool products accompanied by high level post-sales service.

The ACCC granted conditional authorisation for the conduct until 31 December 2018. The condition requires Tooltechnic to provide the ACCC with certain information on an annual basis to allow the ACCC to monitor the impacts of the RPM conduct over the period fo the authorisation.

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Key links

ACCC register

ACCC decisions

ACCC correspondence