ACCC takes action against set-top box distributor

The Australian Competition and Consumer Commission (ACCC) has begun legal proceedings in the Federal Court against Digital Products Group, alleging that the distributor engaged in “retail price maintenance” in relation to some Topfield branded set-top boxes.

The consumer watchdog alleges that the company contravened section 48 of the Trade Practices Act by “attempting to induce and inducing a certain retailer not to advertise certain Topfield digital set-top boxes below their respective recommended retail prices.”

The allegations cover the period from October 2003 to June 2005, the ACCC said.

Legal proceedings have been initiated against Jai Kemp, the sole director of Digital Products Group and the company’s national sales manager Mark Dopson.

“The ACCC alleges that Mr Kemp and Mr Dopson were knowingly concerned in and party to certain alleged contraventions by Digital Products Group,” the ACCC said in a statement.

It is seeking declarations that the company breached section 48 of the Act that Kemp and Dobson were knowingly party to the alleged contraventions; injunctions restraining the men from engaging in similar conduct in the future and financial penalties against the company and Kemp and Dobson.

It is also seeking an order that Digital Products Group implement a trade practices compliance program.

The matter has been listed for a directions hearing in the Melbourne branch of the Federal Court on October 27.