Undertaking date

Undertaking type

s.87B undertaking

Reference number

D09/89478

Section

ss. 45(A) & 45-(4D)

Company or individual details

  • Name

    Sci-Fleet Motors Pty Ltd

    ABN

    25 057 783 749

Undertaking

Sci-Fleet Motors Pty Ltd (Sci-Fleet) is a retailer of motor vehicles, including Hino brand trucks, located in Brisbane.

Vanderfield Pty Ltd (Vanderfield), is a retailer of motor vehicles and farming equipment, including Hino brand trucks, located in Toowoomba and the Gold Coast.

Following an investigation, the ACCC has reached the view that Sci-Fleet contravened section 45 of the Trade Practices Act 1974 by making and giving effect to arrangements with Vanderfield, a competitor, that:

  • had the purpose of preventing or limiting the supply of Hino trucks by the parties to a particular class of persons, and
  • had the purpose or a substantial purpose of, or had the effect or was likely to have the effect of providing for the fixing, controlling or maintaining of, the prices for Hino trucks supplied or to be supplied by the parties in the south east Queensland light and medium truck retail market.

Sci-Fleet accepts the ACCC’s concerns in relation to the alleged conduct and is addressing these concerns by:

  • filing a defence admitting the conduct alleged in the ACCC’s statement of claim filed in the Federal Court and making joint submissions with the ACCC as to penalties and other orders; and
  • offering court enforceable undertakings to the ACCC that it will implement and maintain a trade practices compliance program.