ACCC Revokes Stanley Black and Decker's Resale Price Maintenance Notification

On 4 June 2020, the Australian Competition and Consumer Commission (ACCC) issued a final notice to Stanley Black and Decker Australia Pty Ltd (SBD), revoking its resale price maintenance (RPM) notification lodged on 17 October 2019. SBD lodged the RPM notification in respect of its DeWalt- branded power tools, accessories and attachments. SBD sought to set a minimum advertised price for these products, below which authorised dealers could not advertise to sell. In lodging the notification, SBD contended that setting a minimum advertised price on DeWalt products would improve levels of pre- and post-sales service, reduce free riding and eliminate excessive price discounting. These public benefits, so SBD claimed, would outweigh the “limited” public detriments. This brief report aims to survey the arguments posited by SBD and the ACCC’s response. In doing so, it will draw a comparison with the successful Tooltechnic Systems (Aust) Pty Ltd (Tooltechnic) notification