Janome Australia Pty Ltd - s.87B undertaking

Janome Australia Pty Ltd (Janome), the  wholesaler of Janome branded sewing machines, quilting machines, overlockers and associated products in Australia, and its Managing Director, Mr Toshiya Takayasu have admitted that they engaged in conduct in contravention of section 48 of the Trade Practices Act.

Between February and April 2008 Janome sought to implement a Minimum Advertised Price (MAP) Policy across its reseller network.

The Policy was devised by Mr Takayasu and provided that resellers:

• should not advertise products supplied by Janome at a price lower than the MAP published by Janome.
• it would come into effect on 1 April 2008.
• it applied to all forms of advertising except in-store displays, in-store banners, in-store price markings, quotes and contracts; and
• in the event of a violation of the  Policy, Janome may revoke the authorisation of a retailer to sell Janome products.

Mr Takayasu and Janome have undertaken not to engage in similar conduct in the future.

Janome has also undetaken to:

• Implement and maintain a Trade Practices Compliance Program for 3 years;
• Write to all its resellers advising them of its conduct and its breach of the Act;
• Publish a corrective notice on its website for 3 months; and
• Publish a full page corrective notice in Australian Stitches and Embroidery and Cross Stitch magazines.