Valiant Enterprises Pty Ltd - s.87B undertaking

Valiant Enterprises Pty Ltd is a distributor of baby products based in Melbourne, with a distribution network across Australia of between 100-150 retail stores, including online retailers. Valiant also manufactures its own brand of products in China and imports and distributes these in Australia.

In or around July 2011, Valiant Enterprises attempted to induce an online retailer not to advertise the AngelCare AC 1100 baby monitor for sale at a price less than that specified by Valiant Enterprises. Valiant Enterprises has acknowledged that by:

• making it known to the online retailer that it would not supply the AngelCare AC1100 baby monitor unless the retailer agreed not to advertise the baby monitor for sale at a price less than a price specified by Valiant, being $339.95;
• attempting to induce the online retailer not to advertise the AngelCare AC1100 baby monitor for sale at a price less than a price specified by Valiant, being $339.95;
• communicating to the online retailer a statement of a price that was likely to be understood by the retailer as the price below which the AngelCare AC1100 baby monitor was not to be advertised for sale,

it has contravened section 48 of the Competition and Consumer Act 2010 (the CCA).

Valiant Enterprises has provided the ACCC with an undertaking under section 87B of the CCA that it will:

• not engage in the conduct;
• write to its retailer clients to alert them to the undertaking;
• place a corrective notice on its website; and
• implement a CCA compliance program