American Golf Supplies Pty Ltd and Paul Andrew Roser - s.87B undertaking

In June 2000 American Golf Supplies Pty Ltd, through its Director Paul Roser, circulated a contract entitled "Memorandum of Trading Terms of Ping Fitting Accounts" which required its retail customers of PING golfing products not to advertise PING products at other than suggested retail prices set by Mr Roser. Requiring a retail customer not to advertise goods at a price less than a price specified by the supplier is defined in section 96 of the Trade Practices Act 1974 as conduct that constitutes resale price maintenance, in contravention of section 48 of the Act.

American Golf Supplies Pty Ltd and Mr Roser have accepted that they were in breach of section 48 of the Act. Accordingly, they have given the Commission section 87B undertakings in the following terms:

the Company and Mr Roser will:

not engage in conduct that constitutes resale price maintenance;

not require its retail customers not to sell or advertise PING products at prices other than its suggested retail prices;

undertake a compliance program; and

undertake corrective advertising