Exclusive Distribution Agreement Pricing

A new case of ACCC resale price maintenance reminds us in due course that manufacturers and suppliers must carefully treat distribution agreements regarding the price in Australia. The Australian Competition and Consumer Commission (ACCC) has launched proceedings against FE Sports , (…) (d) Ownership reserve by the supplier. The supplier reserves the right to take the following steps at any time under [insert number] ([insert number]) calendar days prior to written notification to the distributor without any responsibility: (i) add or remove products from Schedule B, (ii) modify or update the design of the products or part of the products, and (iii) exclusively for sale directly or indirectly, to certain types of customers or to certain accounts in the territory. On 16 March 2020, the French Competition Authority (“FCA”) announced that it had fined Apple 1.1 billion euros, the heaviest fine ever imposed on a company for entering into vertical agreements with some of its distributors and abusing its economic dependence on its independents (…) The order from the distributor`s supplier to Section 1 of this agreement is an exclusive date for the distribution of products in the territory. The supplier is not authorized to promote, recruit and sell supplier products independently, to support supplier products or to designate additional distributors for supplier products in the territory. The supplier may provide the distributor with certain confidential or protected information (“confidential information”). Confidential information includes information, whether written, electronic or oral, that the distributor knows is a proprietary, confidential or commercial trade secret of the supplier, including all technical or commercial information, software, including its source code and documentation, specifications and design information for suppliers, maintenance information, customer lists , price information, marketing information, policies, procedures and manuals through distributors or distribution channels. , research and development and other proprietary substances related to supplier products or supplier activities.