Scubapro-Uwatec Australia Pty Limited - s.87B undertaking

Scubapro Uwatec Pty Ltd is a manufacturer and wholesaler of scuba diving equipment branded Scubapro, Uwatec and Seeman which it supplies to Scubapro dealers throughout Australia.

The ACCC was concerned that Scubapro employees and sales agents made statements to the effect that dealers were not to discount Scubapro products by more than ten to fifteen per cent below the recommended retail price and which may have been understood by dealers as being the maximum discount to be applied to Scubapro products.

Scubapro acknowledged the ACCC’s concerns and specifically acknowledged that any attempt to induce dealers not to discount products below a specified maximum discount price or price range would constitute resale price maintenance in contravention of section 48 of the Act.

Scubapro also provided the ACCC with court enforceable undertakings that it will:

1. not induce or attempt to induce a reseller from advertising or selling Scubapro products at a price less than a price specified by Scubapro;
2. write to all Scubapro dealers informing them that Scubapro does not have a policy on discounting and that there is no obligation to follow the recommended retail price;
3. Provide all Scubapro officers, employees, sales representatives and sales agents with trade practices training which focuses on Part IV of the Trade Practices Act 1974 at least once a year for a period of three years;
4. Commission the preparation by a suitably qualified legal practitioner with expertise in trade practices law, of a trade practices compliance manual for distribution to each of its officers, sales representatives and sales agents.