On 16 April 2014, the ACCC accepted an Undertaking from Peter McInnes Pty Ltd (Peter McInnes), an importer and wholesaler of KitchenAid stand mixers, following an investigation into resale price maintenance conduct. The ACCC alleged that on four occasions from 2011 to 2013, Peter McInnes induced or attempted to induce retailers that carried KitchenAid stand mixers not to sell below the recommended retail price (RRP).
Peter McInnes has given a court enforceable undertaking to:
- refrain from engaging in resale price maintenance for two years;
- implement a compliance program;
- write to all KitchenAid stand mixer customers informing them that they are free to set their own minimum prices for KitchenAid products; and
- issue a direction to staff that they should refrain from expressing hostility or criticism about discounts below RRP.
The ACCC noted that the competitive process relies upon retailers being free to discount their goods and compete with each other on price.