Resmed Asia Pacific Limited - s.87B undertaking

Company or individual details

  • Resmed Asia Pacific Limited
    070 076 470

Undertaking

ResMed Asia Pacific Limited (ResMed) has acknowledged that its conduct in:

  • making it known to accredited partners that it would not supply them unless they agreed not to advertise ResMed products at a price less than the recommended retail price specified by ResMed;
  • attempting to induce accredited partners not to advertise ResMed products at a price less than the recommended retail price specified;
  • entering or offering to enter into an agreement with accredited partners which contained a term that the reseller would not advertise ResMed products at a price less than that specified by ResMed;
  • use, in relation to ResMed products supplied by ResMed to each accredited partner, a statement of price that was likely to be understood by the accredited partner as a statement of ResMed's recommended retail price below which the ResMed products were not to be advertised; 

was likely to contravene section 48 of the Trade Practices Act 1974 (the TPA).

ResMed has provided the ACCC with an undertaking under section 87B of the TPA to resolve the concerns.  ResMed have undertaken to cease the conduct, write to accredited partners to alert them to the undertaking and to review and amend its existing TPA compliance program.

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