The ACCC instituted proceedings in the Federal Court against Eternal Beauty Products Pty Ltd and its director, Ms Penny Rider. Eternal Beauty is a supplier of women's beauty products and is the sole Australian distributor of Eyesential (eye cream) and The Lift (face cream). The ACCC alleges that Eternal Beauty engaged in resale price maintenance by inducing or attempting to induce two retailers not to sell products online at prices less than those specified by Eternal Beauty.
Eternal Beauty is alleged to have contravened s 48 CCA. Ms Rider is alleged to have been directly or indirectly knowingly concerned in the contraventions by Eternal Beauty. The ACCC is seeking:
- declarations that Eternal Beauty and Ms Rider engaged in resale price maintenance in contravention of the CCA;
- an injunction to restrain Eternal Beauty and Ms Rider from engaging in resale price maintenance in the future;
- a court order that Eternal Beauty send letters to all of its retailers regarding the conduct;
- the implementation of a trade practices compliance program;
- penalties; and