Brilliant Lighting (Aust) Pty Ltd

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Brilliant Lighting (Aust) Pty Ltd (Brilliant Lighting) in relation to resale price maintenance conduct within the meaning of sections 96(3) and 96(7) of the Competition and Consumer Act 2010 (CCA) and in contravention of section 48 of the CCA.

Brilliant Lighting is a wholesale supplier of fans, lighting and electrical products. It sells these products to a network of at least 1,439 retailers and distributors.

In late September 2022, Brilliant Lighting wrote to 42 retailers and distributors and provided a price list for 116 Brilliant Lighting products. Brilliant Lighting informed these retailers and distributors that they should not display headline prices on their websites below the prices stated in the price list. Brilliant Lighting also informed retailers and distributors that the right to distribute its products was based on adhering to these prices.

Brilliant Lighting has admitted that its conduct contravened section 48 of the CCA.

To address the ACCC’s concerns, Brilliant Lighting has provided the ACCC with a section 87B undertaking that it will:

• not engage in resale price maintenance;
• not enforce the matters set out in its correspondence to retailers and distributors;
• send corrective notices to affected retailers and distributors; and
• establish a competition and consumer compliance program.

The undertaking will be in effect for 3 years from the commencement date.