Polaris Sales Australia Pty Ltd

Polaris Sales Australia Pty Ltd (Polaris) is an importer and distributor of Polaris vehicles (‘side-by-side’ off road vehicles including all-terrain vehicles), parts and accessories (Polaris Products). Polaris distributes Polaris Products through Polaris Dealers, who are authorised to sell Polaris Products and to service Polaris Vehicles through Dealer Agreements.

On 21 December 2021, Polaris lodged an exclusive dealing notification with the ACCC in relation to its Dealer Agreements, approximately half of which come up for renewal on 1 February 2022.

Polaris intends that the updated Dealer Agreements will expand the scope for Polaris to withdraw its consent for Dealers to sell or service products similar to Polaris products, such that Dealers must cease their involvement with the competing products within a reasonable notice period provided by Polaris.

Legal protection provided by an exclusive dealing notification commences immediately when the notification is lodged, and will continue unless or until the notification is revoked or withdrawn.