Resale price maintenance penalty: Navman

In Australian Competition and Consumer Commission v Navman Australia Pty Ltd [2007] FCA 2061, the Federal Court imposed penalties totalling $1.36 million against Navman Australia Pty Ltd and 2 of its officers as a result of a large number of contraventions of the resale price maintenance prohibition contained in s 48 of the Trade Practices Act 1974 (Cth) .

A penalty of $1.25 million was imposed on Navman and penalties of $80 000 and $30 000 respectively were also imposed on Mr Christopher Baird, a former director of Navman and the former Australasian sales manager of Navman, Mr David King.

Navman engaged in extensive resale price maintenance over a period of more than three years.  Its conduct extended to the supply of both marine equipment and personal and in-car navigation (PCN) products. Its conduct in relation to the supply of marine equipment covered the period from 2001 to 2004.  Its resale price maintenance conduct in the supply of PCN products covered the period from 2003 to 2004.