Outdoor Supacentre Pty Ltd

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Outdoor Supacentre Pty Ltd (trading as 4WD Supacentre) in relation to claims about was/now pricing that were likely to contravene section 29(1)(i) of the Australian Consumer Law.

4WD Supacentre is a retailer of four-wheel drive vehicle and camping accessories.

Between December 2018 and January 2019, 4WD Supacentre advertised products for sale on its website with a higher comparator price (that suggested the products were previously offered at that price) and a lower current price. This was in circumstances where 4WD Supacentre did not sell or offer to sell the products on its website at the higher comparator prices for a reasonable period before making the advertisements (was/now pricing conduct).

To address the ACCC’s concerns, 4WD Supacentre paid five infringement notice penalties and provided the ACCC with a section 87B undertaking that it will:

• cease and refrain from engaging in the was/now pricing conduct;
• place corrective advertising on the 4WD Supacentre website, and maintain it for 30 days; and
• review all advertising material, establish and implement a Competition and Consumer Act compliance program, and maintain and implement the compliance program for a period of three years.