The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court in Brisbane against Telwater Pty Ltd, and one of its directors, Mr Paul Phelan, for allegedly engaging in resale price maintenance.
Telwater is the largest manufacturer of aluminium boats in Australia, and distributes its Quintrex and Stacer brands, and related boating equipment, through independent dealerships across Australia.
The ACCC alleges that Telwater engaged in resale price maintenance by making it known to dealers they could not advertise Quintrex or Stacer products below a specified price, referred to as the 'brochure price'. It is alleged that Mr Phelan was knowingly concerned in the conduct.
The ACCC is seeking declarations, injunctions and penalties with respect to the alleged contraventions of section 48 of the Trade Practices Act 1974 which prohibits resale price maintenance.
This matter has been listed for a directions hearing in the Federal Court, Brisbane at 9.30 a.m. on Friday, 6 February 2009 before Justice Spender.