In or about November 2009 ten liquor retailers trading in the Perth metropolitan area including Kelly Bros Investments Pty Ltd t/as Liquor Barons met and agreed to jointly advertise packaged liquor in the West Australian newspaper (West Australian) at specific prices and subsequently placed a number of advertisements in the West Australian.
The ACCC considers that by entering into an arrangement to jointly advertise packaged liquor at specified prices, Kelly Bros Investments Pty Ltd entered into an arrangement that contained a cartel provision, in contravention of section 44ZZRJ of the TPA; and the publication of the advertisements gave effect to the cartel provision in contravention of section 44ZZRK of the TPA.
Kelly Bros Investments Pty Ltd has undertaken that for a period of 3 years, it will;
" Not enter into a contract, arrangement or understanding with another party or parties regarding the joint advertising of liquor at specified prices; or
" Not cause to be published joint advertisements advertising liquor at specified prices; unless all of the advertised liquor has been collectively acquired by the parties to the contract, arrangement or understanding within the meaning of the TPA;
" Establish and implement a Trade Practices Compliance Program
