Section 65 Federal Competition and Consumer Protection Act 2018
Section 65 of the Federal Competition and Consumer Protection Act 2018 is about Maintenance of minimum resale prices. It is under Part VIII (Restrictive Agreements) of the Act.
(1) No undertaking shall withhold supplies of any goods or services from a dealer seeking to obtain them for resale on the ground that the dealer –
(a) has sold goods or services obtained either directly or indirectly from that undertaking at a price below the resale price or has supplied them either directly or indirectly to a third party who had done so; or
(b) is likely, if the goods or services are supplied to that dealer, to sell them at a price below the resale price, or supply them either directly or indirectly to a third party ·who would be likely to do so.
(2) In this section, “the resale price”, in relation to a sale of any description, means the price-
(a) notified to the dealer or otherwise pubiished by or on behalf of a supplier of the goods or services in question, whether lawfully or not, as the price or minimum price which is to be charged on or is recommended as appropriate for a sale of that description; or
(b) prescribed or purporting to be prescribed for that purpose by an agreement between the dealer and any supplier.
(3) Where, under this section, it would be unlawful for an undertaking to withhold supplies of goods or services, it is also unlawful for the undertaking to cause or procure any other undertaking to do so.
