ss. 45(2), 46, 47(6) and 47(7). Restrictive trade practices, misuse of market power, exclusive dealing.
17.3.04 undertaking from Tamworth Radio Cabs Co-operative Limited that it will not:
prevent taxi drivers from supplying taxi services to those customers who wish to book taxis directly and not through the radio network
use a ‘points’ system to allocate jobs in excess of 30 kilometres among taxi drivers
provide radio communications service on condition that taxi drivers buy fuel from the cooperative or a service station operated by the cooperative or from service stations or retail outlets nominated by the cooperative.
Sonya Valentine Pty Ltd,
ss. 65C, 52 and 53(c). Product safety standards and unsafe goods, misleading or deceptive conduct, false or misleading representations.
10.3.04 undertaking from Sonya Valentine Pty Ltd trading as Sova Imports (the company to cooperate with the ACCC by providing a s. 87B undertaking which included:
advising retailers to whom the sunglasses were supplied to withdraw them from sale and return them to the company for remedial action
placing product recall notices in the relevant major capital city newspapers in the cities in which the sunglasses were supplied
providing refunds to all parties who return the sunglasses
no future supply of sunglasses or fashion spectacles which do not comply with the standard
instituting and maintaining a trade practices compliance program.
Danoz Direct Pty Ltd,
ss. 52 and 53(c). Misleading or deceptive conduct, false or misleading representations.
9.3.04 undertaking from Danoz to:
offer refunds to consumers who believe they have been misled by the efficacy or endorsement claims and who bought the devices after 1 July 1997. The refund offer is open until 31 July 2004 and is described by Danoz as an ‘extended warranty period’ or a ‘satisfaction guarantee period’
place corrective advertising in the form of the attachment A consumer notice. This advertising includes two weeks on the Danoz website with pop-up window, three weeks in all catalogue distribution and three weeks of national television advertising at two advertisements per week on Channel 7 and Network Ten
within three months, upgrade the Abtronic trade practices compliance program to ensure a compliance review process for future promotional claims as to efficacy or endorsement
send letters to all Danoz retailers/distributors concerning the undertakings and the compliance program upgrade.
The Warehouse Group (Australia) Pty Limited (formerly Colonel Clints Crazy Bargain Stores Pty Ltd)—variation,
ss. 52 and 53(c). Misleading or deceptive conduct, false or misleading representations.
3.3.04 undertaking from The Warehouse Group (Australia) Pty Ltd (formerly Colonel Clints Crazy Bargain Stores Pty Ltd) offering the following variation to the original undertaking accepted by the ACCC on 29.11.2000. The Warehouse made a submission to the ACCC for a change of the audit reporting schedule after implementing an improved compliance program.
Advanced Medical Institute Pty Limited,
ss. 52, 53, 55 and 55A. Misleading or deceptive conduct, false or misleading representations.
26.2.04 undertakings from Advanced Medical institute to provide refunds to patients identified in the Federal Court order in circumstances where the treatment for male impotency is not effective.
GO Drew Pty Ltd,
ss. 52, 53(c) and 53(d). Misleading or deceptive conduct, false or misleading representations.
3.2.04 undertaking from GO Drew about the use of a logo similar to the National Heart Foundation. The Smart Foods Tick Logo appeared on the labelling of two varieties of egg products.
The company has amended its labels and has undertaken not to repeat the conduct and to implement a trade practices compliance program.
Lawson's Trading Co. Pty Ltd,
s. 51AD. Contravention of industry codes.
27.1.04 undertakings from Lawson’s Trading:
to not contravene the Franchising Code of Conduct
to create an appropriate disclosure document and provide it to all franchisees
has, where appropriate, provided refunds of the purchase price to some franchisees and assisted in organising the resale of franchises for some franchisees
to implement a trade practices compliance program
to ensure that its director attends a trade practices compliance seminar.
ss. 52, 53(a), 53(eb) and 55. False or misleading representations in relation to the composition, place of origin and characteristics of products.
20.1.04 undertaking from above company about representations appearing on the labelling of five varieties of fruit juice products. The company has amended its labels and has will undertake a trade practices compliance program.
Denbri Investments Pty Ltd,
ss. 52, 53(a), 55 and 65C(1)(a). Misleading or deceptive conduct, false or misleading misrepresentations, product safety standards and unsafe goods.
15.1.04 undertaking by Denbri which included:
acknowledgment that some of the company’s sunglasses and fashion spectacles did not comply with the product safety standard
acknowledgement that they may have breached the Act
advice that they have stopped supplying the glasses.
The ACCC conducted product safety surveys of sunglasses and fashion spectacles in Perth, Sydney and Darwin as part of their ongoing mandatory product safety program.
Denbri has agreed to withdraw the glasses from the relevant retailers, placed product recall notices in the relevant major city newspapers, will provide refunds and will implement a trade practices compliance program.
National Telecoms Group Limited,
ss. 52 and 53(e). Misleading or deceptive conduct, false or misleading representations.
6.1.04 undertakings from NTG to:
contact customers and resolve their complaints
review its trade practices compliance program.
After legal proceedings by the ACCC in February 2003 the Federal Court declared that NTG had engaged in misleading and deceptive conduct when offering its Synergy telephony package. The court also declared that NTG made false and misleading representations about the price of its telephony services.
The ACCC alleged that NTG told consumers that in accepting the Synergy telephony package they would:
pay no more or less than they were currently paying for telephony services
pay only a specified amount more than they were currently paying to their existing telephony services providers
be provided with a free telephone system
receive only one bill for their telephony services.
