The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Adelaide against Hobie Cat Australasia Pty Ltd alleging resale price maintenance.
The ACCC alleges that the sailboat and kayak supplier contravened section 48 of the Trade Practices Act 1974 by including in its dealership agreements clauses which prohibit Hobie dealers from selling or advertising Hobie products below the recommended retail price, or at a price no less than 10 per cent below recommended retail price.
The ACCC seeks:
declarations that Hobie contravened section 48 of the Act
injunctions restraining Hobie from engaging in similar conduct in the future
penalties
orders that Hobie implement a trade practices compliance program
an order that Hobie notify in writing all of its dealers outlining the alleged, resale price maintenance conduct, and
costs.
The matter has been listed for a directions hearing in the Federal Court, Adelaide, at 9:00 a.m. on 29 October 2007 before Justice Finn.
