Tooltechnic Systems (Aust) Pty Ltd (Tooltechnic) is a wholesale supplier of power tools and/or power tool systems known by the brand “Festool” or “Festo” to hardware and power tool retailers throughout Australia.
Following an investigation, the ACCC has reached the view that Tooltechnic contravened section 48 of the Trade Practices Act 1974 by two (now former) Tooltechnic Area Managers, separately, on a total of three occasions, attempting to induce two Festool retailers not to sell Festool products at less than prices specified by Tooltechnic.
Mr Holger Schulz is and was at all material times the Company Secretary and Managing Director of Tooltechnic.
Mr Schulz acknowledges that certain of his conduct, together with deficient supervision and training of the Area Managers, may have contributed to an environment in which the alleged contraventions occurred.
Mr Schulz has provided court enforceable undertakings to the ACCC that he will not induce Tooltechnic, by its employees or otherwise, to make certain types of statements to retailers to the effect that they are not free to set their own retail prices.
