On 20 November 2013, the ACCC commenced proceedings against Mitsubishi Electric Australia Pty Ltd (Mitsubishi) for allegedly engaging in resale price maintenance.  Specifically, the ACCC allege that Mitsubishi, through its senior managers:

  • induced, or attempting to induce, one of its dealers, Mannix Electrical Pty Ltd (Mannix) not to sell Mitsubishi-branded air conditioning products at prices below a minimum specified price; and
  • downgraded Mannix’s status from “dealer to “contractor” because, among other things, Mannix’s failed to increase its prices of Mitsubishi-branded air conditioning products to the minimum specified price.