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Oceanic Diving Australia Pty Ltd (Oceanic), a wholesaler of scuba diving related equipment and accessories, has admitted that it engaged in conduct in contravention of section 48 of the Trade Practices Act 1974 (the Act) in August 2008 by sending an email to dealers which advised them that they could not advertise in the print media or on the internet certain Oceanic goods below specified prices.
Oceanic has provided undertakings pursuant to section 87B of the Act that it will:
not induce or attempt to induce a reseller from advertising or selling Oceanic products at a price less than a price specified by Oceanic;
implement a trade practices compliance program for a period of 3 years; and
arrange for an article to be published in a scuba diving publication informing readers about its contravention and the prohibition of resale price maintenance.