Peter McInnes Pty Ltd - s.87B undertaking

On 15 April 2014 the ACCC accepted a section 87B undertaking from Peter McInnes Pty Ltd ACN 000 445 269 (Peter McInnes). The undertaking was given by Peter McInnes in relation to the ACCC’s concerns that Peter McInnes had engaged in conduct that constituted or was likely to constitute resale price maintenance, on four occasions, by inducing or attempting to induce retailers not to sell KitchenAid stand mixers supplied to them by Peter McInnes at a price less than the recommended retail price specified by Peter McInnes.

The undertaking required Peter McInnes to:

• refrain from engaging in resale price maintenance for two years;
• write to all of its KitchenAid stand mixer customers informing them that they are free to set their own minimum prices for products supplied to them by Peter McInnes;
• issue directions to its employees that they should refrain from expressing to those customers any hostility or criticism about the customers discounting below the recommended retail price; and
• implement and maintain a compliance program.

On 4 August 2015 Peter McInnes Pty Ltd advised that it had sold its business and is no longer operating.

Peter McInnes Pty Ltd subsequently sought withdrawal of its undertaking.

As Peter McInnes Pty Ltd is no longer operating, the ACCC has provided its consent to withdraw the undertaking.