Meredith Dairy’s Resale Price Maintenance Notification

Annie Cao

Australian Journal of Competition and Consumer Law

Annie Cao, ‘Meredith Dairy’s Resale Price Maintenance Notification’ (2019) 27(3) AJCCL 198

“On 14 June 2019, the Australian Competition and Consumer Commission (ACCC) issued a final notice revoking a resale price notification lodged by Meredith Dairy Pty Ltd (Meredith Dairy). Meredith Dairy lodged the notification to address its concerns about the perceived deep discounting of its products by retailers. Specifically, Meredith Dairy argued that deep discounting was driving demands for lower cost prices which in turn impacted Meredith Dairy’s profitability and ability to invest in its business. Meredith Dairy argued, unsuccessfully, that engaging in resale price maintenance would benefit the public by promoting ongoing investment and innovation in Meredith Dairy’s business and by reducing transaction costs that would otherwise be incurred if Meredith Dairy had to investigate loss leader pricing by individual retailers.

This is the second resale price notification lodged since the Harper reforms. The first notification was lodged by Tooltechnic Systems (Australia) Pty Ltd (Tooltechnic), and was not opposed by the ACCC.

This report considers the ACCC’s assessment of Meredith Dairy’s notification, and how the revocation of the notification sits in the context of the ACCC’s assessment of Tooltechnic’s resale price maintenance notification.“

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