Trade Practices Commission v Pye Industries Sales Pty Ltd

The case of Trade Practices Commission v Pye Industries Sales Pty Ltd was heard by the Federal Court of Australia. The plaintiff, the Trade Practices Commission, alleged that the defendant, Pye Industries Sales Pty Ltd, had breached Section 48 of the Trade Practices Act 1974, which prohibits resale price maintenance. The plaintiff sought a pecuniary penalty, an injunction, and a declaration. The legal issue before the court was whether the defendant had engaged in resale price maintenance by attempting to induce a dealer, Coin Operated, not to sell television sets below specified prices. The court found that the defendant had indeed attempted to induce Coin Operated to adhere to specified prices, withheld supplies to enforce this, and used a statement of prices that was likely to be understood as the minimum price below which goods should not be sold. The court held that the defendant was in breach of Section 48 of the Act. As a result, the court ordered Pye Industries Sales Pty Ltd to pay a penalty and granted an injunction restraining the defendant from engaging in resale price maintenance in the future.