MSA 4x4 Accessories Pty Ltd

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from MSA 4x4 Accessories Pty Ltd (MSA) after MSA admitted it engaged in resale price maintenance in contravention of section 48 of the Competition and Consumer Act 2010 (Cth) (CCA).

MSA is a manufacturer of four-wheel drive accessory products. MSA sells its products via its online store and physical store, and to independent retailers across Australia.

Between February 2022 to April 2022, MSA directed some of its resellers not to discount MSA products below a particular discount percentage. MSA informed these resellers that it would not allow any discounting from the recommended retail price if one or more resellers failed to comply with the pricing restriction. MSA monitored resellers’ compliance and, on occasion, communicated with resellers to enforce the pricing restriction.

To address the ACCC’s concerns, MSA provided the ACCC with a section 87B undertaking that it will:

• not engage in resale price maintenance;
• write to 363 of its resellers based in Queensland informing resellers of their freedom to set prices;
• publish a corrective notice on its website;
• make a corrective notice available at industry trade shows and exhibitions; and
• establish a competition and consumer compliance program.

The undertaking will be in effect for 3 years from the commencement date.