Offroad Animal Pty Ltd

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

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

Between September 2020 and June 2023, Offroad Animal directed resellers and prospective resellers not to advertise its products below the recommended retail price. On certain occasions, Offroad Animal set an expectation of non-price competition between resellers at the outset of a reseller establishing a supply relationship with Offroad Animal. Offroad Animal also, on occasion, initiated communications with resellers to enforce the pricing restriction.

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

• not engage in resale price maintenance;
• write to its top 49 resellers informing resellers of their freedom to set prices;
• publish a corrective notice on its website; and
• establish a competition and consumer compliance program.

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