Peter McInnes Pty Ltd - s.87B undertaking

The ACCC has accepted a section 87B undertaking from Peter McInnes Pty Ltd ACN 000 445 269 (Peter McInnes) following an investigation into resale price maintenance conduct likely to contravene section 48 of the Competition and Consumer Act 2010.

Peter McInnes is an importer and wholesale distributor of kitchenware and homewares to retailers.

The ACCC was concerned that Peter McInnes had engaged in conduct that constitutes or is likely to constitute resale price maintenance, on four occasions, by inducing or attempting to induce retailers not to sell KitchenAid stand mixers supplied to them by Peter McInnes at a price less than the recommended retail price specified by Peter McInnes.

To address the ACCC’s concerns Peter McInnes provided the ACCC with a court-enforceable undertaking that it will:

• refrain from engaging in resale price maintenance for two years;
• write to all of its KitchenAid stand mixer customers informing them that they are free to set their own minimum prices for products supplied to them by Peter McInnes;
• issue directions to its employees that they should refrain from expressing to those customers any hostility or criticism about the customers discounting below the recommended retail price; and
• implement and maintain a compliance program.