Optima Technology Solutions Pty Ltd - s.87B undertaking

Optima Technology Solutions Pty Ltd (Optima), supplier of Optima computers and computer accessories, has admitted to the ACCC that it engaged in conduct which constitutes resale price maintenance in contravention of section 48 of the TPA on two separate occasions in 2005. Optima admitted that on each of the two occasions it had made known to an Optima dealer that the dealer should raise the prices at which it sells Optima products to Optima's recommended retail prices, otherwise Optima would withhold the supply of products or cancel the dealer's dealership agreement with Optima.

Optima has provided court enforceable undertakings to the ACCC that it will:

• refrain from engaging in conduct that constitutes resale price maintenance in contravention of section 48 of the TPA;
• establish and implement a trade practices compliance program for Optima employees and other persons involved in its business;
• implement an audit process of Optima's past business interactions with Optima dealers; and
• send a letter to all Optima dealers outlining the findings of the investigation and the dealer's freedom to determine their own prices for Optima products.