ACCC accepts undertaking from Hard Rock for breaches of competition and consumer law

Date:  17 April 2025
Source: Australian Competition and Consumer Commission

The Australian Competition and Consumer Commission (ACCC) has accepted a court-enforceable undertaking from Hard Rock Enterprises Pty Ltd (Hard Rock), an Australian business that sells blank apparel to retailers and consumers. Hard Rock admitted to engaging in resale price maintenance and making false or misleading representations about consumers' rights to return faulty or incorrect products.

Resale price maintenance

Between 20 June 2024 and 11 September 2024, Hard Rock sent written communications to ten resellers, requiring them not to sell products below 10% of the recommended retail price. It warned the resellers that non-compliance could lead to price adjustments or cessation of supply. In an undertaking, Hard Rock admitted to contravening the Competition and Consumer Act 2010 (Cth) (CCA), which prohibits suppliers from engaging in resale price maintenance (s 48 and s 96–100).

False or misleading representations

From 24 February 2025, the ACCC found that Hard Rock's website terms misrepresented consumer rights. The website stated that customers had to notify Hard Rock within strict timeframes for issues with their orders, including:

• Reporting…