REDARC Electronics Pty Ltd

Applicant(s)

  • Redarc Electronics Pty Ltd

Notification number(s)

  • N10000549

Summary

REDARC Electronics Pty Ltd (Redarc) is an Australian manufacturer of electronics products including voltage converters, inverters, power supplies, battery chargers, timer relays, LED lighting control systems and trailer braking solutions (Redarc Products). Redarc advises that these products are generally of a technical nature and require technical knowledge and expertise to install them for the end user. Redarc Products are installed at the manufacturing stage (OEM), or retrofitted in aftermarket applications. 

Redarc sell its products through a network of authorised distributors, or direct to the consumer. REDARC Products are sold in a wide variety of markets including heavy trucking industry, automotive aftermarket, industrial, agricultural, emergency services, mining, communications and defence. Customers in these markets include automotive electrical wholesalers, communications equipment manufacturers, metropolitan and rural fire services, agricultural machinery manufacturers, boat builders and special vehicle manufacturers.

On 10 December 2021, Redarc lodged an exclusive dealing notification with the ACCC in relation to its distribution arrangements with its network of authorised distributors (Distributors).  Distributors are contracted to sell Redarc Products under a Channel Distribution Agreement. In particular, Redarc proposes to enter into a Channel Distribution Agreement with current and future Distributors on condition that Distributors do not engage in advertising, promoting, distributing or selling Redarc Products:

  • outside the Nominated Territory and/or Market Channel (including via an excluded market Channel); or
  • inside the Nominated Territory and/or Market Channel when the Distributor knows or has reason to believe that the Products may be resold or transferred out of the Nominated Territory or outside of the Market Channel (including via an Excluded Market Channel).

The Nominated Territory is defined to be Australia and New Zealand.  Redarc advises that no current or future Distributor would be subject to a narrower Nominated Territory. The Market Channel is defined as the markets that a Distributor is authorised to sell and distribute Redarc Products, which may include one or more of: Trade – Supply and Fit; OEM; National Accounts; National Retailers; Online Retailer; and Online Re-seller.  Excluded Market Channel for any particular Distributor is taken to be any market not specified as a market Channel for that particular Distributor.

Legal protection provided by an exclusive dealing notification commences immediately, and will continue unless or until the ACCC revokes the notification or it is withdrawn.

The ACCC is currently assessing Redarc’s exclusive dealing notification, a copy of which is available below. Should you have any questions, or would like to provide any comments to the ACCC, please contact exemptions@accc.gov.au.

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