ACCC v Husqvarna Australia (franchise arrangements)

For Husqvarna Australia, an outdoor power products subsidiary of Swedish manufacturer Husqvarna Group, assisting it obtain a speedy and satisfactory resolution of an Australian Competition and Consumer Commission investigation (instructed by Holman Webb).

>> On 29 August 2018, the ACCC accepted Husqvarna's Court Enforceable Undertaking noting the ACCC’s concerns Husqvarna’s “dealership agreements” may have contravened provisions of the Franchising Code of Conduct, and consequently s 51ACB of the Competition and Consumer Act 2010 (Cth), and made misleading representations in breach of ss 18 and 29(1)(m) of the Australian Consumer Law. Husqvarna cooperated with the ACCC’s investigation and has rewritten its dealership agreements to comply with the Code and the CCA. It has also undertaken not to enforce the terms in its existing agreements which the ACCC considered were likely to be unfair contract terms.