Following an investigation by the ACCC, Graeme Faulkner and Philip Wu, trading as AquaDepot Imports, admitted engaging in resale price maintenance by ceasing to supply an online retailer who discounted aquarium products below a specified price.
Between August 2010 and October 2011, AquaDepot sent emails to a retailer stating that if it advertised AquaDepot products at a price lower than 5–10% below the recommended retail prices, that retailer would no longer be supplied. In January 2011, AquaDepot stopped supply to that retailer because it had ignored the pricing directions.
The ACCC has accepted a court enforceable undertaking from AquaDepot, which requires AquaDepot to:
- not prevent any retailer of AquaDepot products from setting its own prices for three years;
- send a letter to all retailers supplied between 1 June 2010 and 30 June 2011 notifying them of the undertaking and informing them that they are free to set retail prices for AquaDepot products;
- place a corrective notice on the AquaDepot website and the Marine Aquarium Societies of Australia website; and
- attend trade practices compliance training annually for three years.