Undertaking date

Undertaking type

s.87B undertaking

Section

Section 48 of the Competition and Consumer Act 2010

Industry

Residential outdoor heating products

Company or individual details

  • Name

    Bromic Pty Ltd

    ACN

    001 648 979

Undertaking

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Bromic Pty Ltd (Bromic) in relation to resale price maintenance conduct that contravened section 48 of the Competition and Consumer Act 2010 (CCA).

Bromic is a national distributor of outdoor heating products.

In early 2018, Bromic introduced a minimum advertised pricing policy. This policy required retailers not to advertise Bromic branded heating products for sale at a price less than that specified by Bromic. While Bromic ceased referring to or enforcing the policy after April 2018 it did not take any steps to advise retailers of this. 

The ACCC has accepted a section 87B undertaking from Bromic that addresses the ACCC’s concerns. Bromic has undertaken that it will:

  • advise retailers that the minimum advertised pricing policy is not operative and that it recognises that the policy contravened the resale price maintenance provisions of the CCA; and
  • require Bromic management and sales staff to receive practical legal training in the requirements of the CCA, including resale price maintenance.