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In October 2006, the ACCC raised concerns with Jaggad Pty Ltd (Jaggad) that some of its pricing terms in its Premium Dealer Agreements (PDA) may have amounted to resale price maintenance in contravention of section 48 of the Trade Practices Act 1974 (the Act).
Jaggad which is a manufacturer and wholesaler of Jaggad branded cycling, triathlon and multisport clothing (Jaggad Apparel) distributes Jaggad Apparel through selected independent cycling and sports fitness outlets nationally.
Jaggad, out of its approximate 220 distribution outlets, required 11 of its resellers identified as 'Premium Dealers' to sell Jaggad Apparel at the recommended retail prices set by Jaggad in its PDAs.